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The Sps Agreement Within The Framework Of Wto Law. The Rough Guide To The Agreement’S Applicability, Lukasz A. Gruszczynski
The Sps Agreement Within The Framework Of Wto Law. The Rough Guide To The Agreement’S Applicability, Lukasz A. Gruszczynski
Lukasz A Gruszczynski
This article analyzes the problem of applicability of the SPS Agreement and its relationship with the TBT Agreement and GATT 1994. In this context, special attention is given to the panel report in EC – Biotech Products. The reason for such an approach is twofold. First, it was the first panel which comprehensively analyzed the conditions of applicability of the SPS Agreement, and second, some parts of its analysis are disappointing and not well reasoned. This article recognizes that the conditions of applicability of the SPS Agreement were conceptualized by the case law very broadly. The author, while accepting parts …
Sps Measures Adopted In Case Of Insufficiency Of Scientific Evidence – Where Do We Stand After Ec-Biotech Products Case?, Lukasz A. Gruszczynski
Sps Measures Adopted In Case Of Insufficiency Of Scientific Evidence – Where Do We Stand After Ec-Biotech Products Case?, Lukasz A. Gruszczynski
Lukasz A Gruszczynski
This article analyzes the disciplines established by Article 5.7 of the Agreement on the Application of Sanitary and Phytosanitary Measures. The analysis is based both on the text of the SPS Agreement as well as on the existing case law with the special consideration given to the panel’s ruling in EC – Biotech Products. The article criticizes the approach of the case law to the issue of applicability of Article 5.7 as it confuses the applicability with the consistency. The article argues that it is more appropriate to view the SPS Agreement as providing for three mutually exclusive paths of …