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The Role Of Science In Risk Regulation Under The Sps Agreement, Lukasz A. Gruszczynski
The Role Of Science In Risk Regulation Under The Sps Agreement, Lukasz A. Gruszczynski
Lukasz A Gruszczynski
This paper attempts to present a comprehensive and coherent picture of the role performed by science under the Sanitary and Phytosanitary Measures (SPS) Agreement and SPS case law. It argues that the approach adopted by the Appellate Body is predominantly based on a technical paradigm, supplemented, however, with some considerations arising from other paradigms. The paper argues that the approach adopted in the case law is generally compatible with the text of the SPS Agreement and provides a coherent SPS system. However, it also identifies certain areas which lack coherence, as certain standards seem to violate the right of the …
Science In The Process Of Risk Regulation Under The Wto Agreement On Sanitary And Phytosanitary Measures, Lukasz A. Gruszczynski
Science In The Process Of Risk Regulation Under The Wto Agreement On Sanitary And Phytosanitary Measures, Lukasz A. Gruszczynski
Lukasz A Gruszczynski
This article attempts to present a comprehensive and coherent picture of the position occupied by science under the SPS Agreement and in the SPS case law. It claims that the approach adopted by the Appellate Body reflects the explicit language of the SPS Agreement and is predominantly based on a technical paradigm. In consequence, science plays a critical role in distinguishing between legal and illegal SPS measures. The article argues that such an approach is generally compatible with the text of the SPS Agreement and provides a coherent SPS system. However, it also identifies certain areas, which lack coherence, as …