The WTO Agreement on Sanitary and Phytosanitary Measures

A Commentary

Lukasz Gruszczynski

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English

Oxford University Press
17 August 2023

International economic & trade law; International organisations & institutions

Series: Oxford Commentaries on International Law

The 1995 WTO Agreement on Sanitary and Phytosanitary Measures (SPS) is concerned with trade and food safety regulation, and with the regulation of pests and diseases in agriculture. It establishes legal standards while affirming the right of each member to choose its own level of SPS protection. However, the question of whether the balance has been properly struck remains a matter of ongoing debate.

The Commentary provides a detailed update of the first edition authored by Joanne Scott in 2007. It

reflects 15 years of change in SPS case law and practice. It critically examines current issues such as use of experts in the dispute settlement process, applicable standard of review, or legal treatment of private standards in food safety. Moreover, the Commentary assesses the suitability of the current regime to address the existing needs of developing countriesThe commentary also examines how science-based criteria and the traditional GATT standards (non-discrimination and least-trade-restrictive means) are used to discipline national SPS measures. It explores the transparency obligations and procedural rules that govern control, inspection, and approval processes in importing countries. A separate section is dedicated to the operation of the SPS Committee as an arena for transnational governance in the SPS field. The book also investigates the agreement's attempt to establish a framework to draw together the diverse institutions and regulatory regimes already populating the food safety arena. Two new chapters are also included: one reviewing Article 5.7 SPS in greater detail, and one dealing with the SPS rules in selected regional trade agreements (the CETA, EU-Japan EPA, USMCA, RCEP, and CPTPP).

By: Lukasz Gruszczynski
Imprint: Oxford University Press
Country of Publication: United Kingdom
Edition: 2nd Revised edition
Dimensions: Height: 253mm, Width: 174mm, Spine: 26mm
Weight: 1g
ISBN: 9780192845191
ISBN 10: 0192845195
Series: Oxford Commentaries on International Law
Pages: 384
Publication Date: 17 August 2023
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

1: Introducing the SPS Agreement 2: Cooperative Regulation in the WTO: The SPS Committee 3: Science and SPS 4: Provisional SPS Measures 5: Additional Obligations 6: The Transparency Obligations 7: Control, Inspection and Approval Procedures 8: International Standards 9: The SPS Agreement and Developing Countries 10: Looking Beyond the SPS Agreement

Lukasz Gruszczynski is an associate professor (Dr. habil.) of international law and head of the Department of International and EU Law at Kozminski University (Poland). He is also a research fellow at the CSS Institute for Legal Studies (Hungary). Lukasz holds a Ph.D. from the European University Institute. In the past, he was a visiting researcher at the University of Michigan, Lauterpacht Centre for International Law, Pazmany University, and an intern at the WTO Legal Affairs Division. His scientific portfolio comprises of several monographs and edited volumes, including two books with OUP. Lukasz specializes in WTO law and global health law.