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ZENODO
Article . 2013
Data sources: ZENODO
European Journal of International Law
Article . 2013 . Peer-reviewed
Data sources: Crossref
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The Purpose of the WTO Agreement on the Application of Sanitary and Phytosanitary Measures (SPS)

Authors: RIGOD, Boris;

The Purpose of the WTO Agreement on the Application of Sanitary and Phytosanitary Measures (SPS)

Abstract

Among the WTO Agreements, the SPS Agreement provides for the strictest rules on domestic regulatory measures. Governments adopting measures to protect human, animal, and plant life and health have to comply with a plethora of obligations, exceeding the disciplines contained in the GATT and the TBT. Except for cases where scientific evidence is not available, they have to base regulatory measures on a scientific risk assessment, be it their own or one conducted by a third party. Given, on the one hand, the sensitivity of health and environmental concerns and, on the other, the constraints the treaty imposes on governments' ability to address them, the SPS Agreement has been widely criticized for undermining democratic self-government and also for introducing elements of "post-discrimination" into the world trade order. This article delves into the question whether the criticism is justified. To that end, it examines the purpose of the SPS Agreement on the basis of economic theory and the negotiating history. It shows that much of the criticism is exaggerated and that the SPS Agreement serves, as does every other WTO Agreement (except for the TRIPs), a single purpose: the preservation of market access commitments. This insight has wider implications, as it suggests that the "correct" application of the SPS should in fact lead neither to an (improper) impediment to democracy nor to a "post- discriminatory" trade regime.

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    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Top 10%
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
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    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
10
Top 10%
Top 10%
Average
Green
bronze