Journal articles: 'SPS Agreement'

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EPPS, TRACEY. "Reconciling public opinion and WTO rules under the SPS Agreement." World Trade Review 7, no. 2 (April 2008): 359–92. http://dx.doi.org/10.1017/s1474745608003819.

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AbstractThe WTO Agreement on the Application of Sanitary and Phytosanitary Measures (the SPS Agreement) allows Members to enact SPS measures necessary to protect health so long as they are based on scientific evidence. This scientific evidence requirement has attracted controversy among academics, policy-makers, and civil society. The argument has been advanced that the requirement inappropriately excludes the consideration of public opinion in the domestic risk regulatory decision-making process. The article addresses the question of whether it is possible to reconcile the SPS Agreement's requirement for scientific evidence with concerns regarding exclusion of the public voice in the domestic regulatory process. It responds positively to this query, subject to certain caveats to ensure that trade liberalization goals are not undermined. It argues that the scientific evidence requirement is not only the most appropriate means available for advancing the SPS Agreement's objectives, but that it provides countries with more flexibility than critics contend, including to respond to public sentiment in cases of scientific uncertainty. Recommendations are made as to how panels and the Appellate Body should proceed in disputes under the SPS Agreement, and how governments can comply with their trade obligations while remaining responsive to public concerns.

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Mustafa, Khalid. "Barriers against Agricultural Exports from Pakistan: The Role of WTO Sanitary and Phytosanitary Agreement." Pakistan Development Review 42, no. 4II (December 1, 2003): 487–510. http://dx.doi.org/10.30541/v42i4iipp.487-510.

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There has been growing recognition that Sanitary and Phytosanitary (SPS) agreement can impede trade in agricultural and food products. Pakistan, in particular experiences problems in meeting the SPS requirements of developed countries and, it is claimed, this can seriously impede its ability to export agricultural and food products. Attempts have been made to reduce the trade distortive effects of SPS measures through, for example, the World Trade Organisation (WTO) SPS Agreement, although it is claimed that current initiatives fail to address many of the key problems experienced by Pakistan and other developing countries. The present paper explores implications of Sanitary and Phytosanitary (SPS) agreement on exports of agricultural and food products from Pakistan. It identifies the problems that Pakistan faces in meeting SPS requirements and how these relate to the nature of SPS measures and the compliance resources available to Government of Pakistan and the supply chain. The paper examines the impact of SPS agreement on the extent to which SPS measures impede exports from Pakistan. It identifies the problems that limit participation of Pakistan in the SPS agreement and its concerns about the way in which it currently operates.

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WOUTERS, JAN, and DYLAN GERAETS. "Private food standards and the World Trade Organization: some legal considerations." World Trade Review 11, no. 3 (July 2012): 479–89. http://dx.doi.org/10.1017/s1474745612000237.

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AbstractPrivate standards have increasingly become a contentious issue in the multilateral trading system. The ever increasing number of sector-specific standards developed by businesses, in particular in the food market, may have significant implications for developing countries in terms of market access. Some countries see private food standards as a particular form of non-tariff barriers. The World Trade Organization (WTO) deals with non-tariff barriers in the Agreement on Sanitary and Phytosanitary Measures (SPS Agreement) and in the Agreement on Technical Barriers to Trade (TBT Agreement). This paper examines to what extent these agreements cover private standards, as they were originally intended to regulate standard-setting by public authorities. We find that there is an important difference between the SPS Agreement and the TBT Agreement in that the drafters of the latter realized the importance of the private sector in standard-setting. Finally, we discuss whether a ‘Code of Good Practice for the Preparation, Adoption and Application of Standards’, similar to that under the TBT Agreement, could be adopted under the SPS Agreement.

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Kepych, Taras. "Ukrainian Sanitary and Phytosanitary Laws Approximation to EU Acquis Under Association Agreement Including Agreement on Deep and Comprehensive Free Trade Area (DCFTA)." EU agrarian Law 3, no. 2 (February 2, 2015): 79–89. http://dx.doi.org/10.2478/eual-2014-0011.

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AbstractThe paper reviews the achievements to date in legal approximation in the sanitary and phytosanitary (SPS) field in Ukraine. Effective regulatory approximation in the SPS field was critical to anchoring the reform process in Ukraine and to fostering further progress in EU’s relations with this Eastern Partnership (EaP) country. This paper highlights three major problems in Ukraine that were hindering reform in the SPS field: inconsistency between Ukrainian and EU food safety legislation, lack of uniformity between animal health law regimes, absence of a single SPS regulator. Legal implementation of approximated legislation still remains as key challenge. The paper offers recommendations to improve the Ukraine’s approach so that the Deep and Comprehensive Free Trade Area (DCFTA) is part of the Association Agreement (AA) between the EU and the Republic of Ukraine could fulfill its potential.

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Gruszczynski, Lukasz. "United States: Certain Measures Affecting Imports of Poultry from China – Just Another SPS Case?" European Journal of Risk Regulation 2, no. 3 (September 2011): 432–37. http://dx.doi.org/10.1017/s1867299x0000146x.

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The SPS Agreement may apply to budgetary measures if they are motivated by SPS concerns. Equivalence-based measures are subject to regular disciplines of the SPS Agreement, including but not limited to Article 4. This means that WTO Members when engaging in the recognition process need to observe other SPS provisions such as requirement of scientific risk assessment (Articles 5.1–5.3) or quasi-consistency obligation of Article 5.5. An SPS measure which has been found inconsistent with certain provisions of the SPS Agreement (e.g. Articles 2 and 5), cannot be later justified under the general exception of Article XX(b) of the GATT 1994 (author's headnote).

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Gruszczynski, Lukasz. "Science in the Process of Risk Regulation under the WTO Agreement on Sanitary and Phytosanitary Measures." German Law Journal 7, no. 4 (April 1, 2006): 371–98. http://dx.doi.org/10.1017/s2071832200004739.

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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 certain standards seem to violate the right of the Member States to establish an appropriate level of protection. These are: ascertainability of the risk as a precondition for valid risk assessment; strict specifity of the risk assessment in low-risk situations; the proportionality between the risk identified and the SPS measure; the notion of negligible risks; and the concept of likelihood in the quarantine risk assessments. The article claims that these standards cannot be generally applied in SPS disputes as, in certain situations, they will result in the violation of the right of the Member States to establish an appropriate level of SPS protection. Finally, a number of specific issues, which require resolution, are highlighted, namely the quality of minority scientific opinions, the relationship between the insufficiency of scientific evidence and scientific uncertainty. The article suggests that the ultimate role ascribed to science under the SPS Agreement can be assessed only after an interpretation of those issues is provided by future case law.

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Kim, Cheolsoo. "A Study on the Reasonable Necessity Test of SPS Measures under the SPS Agreement." Korea Association for International Commerce and Information 21, no. 2 (June 30, 2019): 163–82. http://dx.doi.org/10.15798/kaici.2019.21.2.163.

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Vergano, Paolo R., and Tobias Dolle. "The Trade Law Consequences of “Brexit”." European Journal of Risk Regulation 7, no. 4 (December 2016): 795–800. http://dx.doi.org/10.1017/s1867299x00010229.

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AbstractThis section highlights the interface between international trade and investment law and municipal and international risk regulation. It is meant to cover cases and other legal developments in WTO law (SPS, TBT and TRIPS Agreements and the general exceptions in both GATT 1994 and GATS), bilateral investment treaty arbitration and other free trade agreements such as NAFTA. Pertinent developments in international standardization bodies recognized by the SPS and TBT Agreement are also covered.

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Lee, Yong-Shik. "Regulatory Autonomy under the WTO Agreement on Sanitary and Phytosanitary Measures: Implications of Korea–Import Bans, and Testing and Certification Requirements for Radionuclides." World Trade Review 20, no. 3 (April 14, 2021): 321–42. http://dx.doi.org/10.1017/s147474562100001x.

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AbstractThe recent WTO dispute case, Korea–Import Bans, and Testing and Certification Requirements for Radionuclides, illustrates complex legal issues and significant political implications associated with the regulatory autonomy of a sovereign country under the WTO Agreement on Sanitary and Phytosanitary Measures (SPS Agreement). There has been constant tension between the sovereign right of a WTO member state to determine its own appropriate level of protection (ALOP) and the regulatory constraints imposed under the SPS Agreement to prevent abuse and disguised trade protection. The case emerged from this tension and raises questions on the extent of the regulatory autonomy in the application of an SPS measure. This article addresses these questions and examines the criteria for the qualitative standards for the ALOP, the question that the Appellate Body decision did not fully resolve. The criteria for the qualitative ALOP standards affect the regulatory autonomy significantly under the current SPS rules as they determine the manner and the extent to which a Member may meet the sensitive public interests in the application of an SPS measure. The article proposes a rational basis test to restrain abuse of SPS measures while preserving the regulatory autonomy protected under the SPS Agreement.

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VILLALTA PUIG, GONZALO, and ERIC D. DALKE. "Nature and Enforceability of WTO-plus SPS and TBT Provisions in Canada's PTAs: From NAFTA to CETA." World Trade Review 15, no. 1 (October 19, 2015): 51–83. http://dx.doi.org/10.1017/s1474745615000464.

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AbstractSafety standards can function as non-tariff barriers to trade. Canada is a large exporter of goods and so it has an interest in the regulation of safety standards, both at the multilateral level through its membership of the World Trade Organization (WTO) and, most especially, at the bilateral and regional level through its Preferential Trade Agreements (PTAs). Canada has signed PTAs with provisions that go beyond the obligations of WTO Members under the Agreement on the Application of Sanitary and Phytosanitary Measures and the Agreement on Technical Barriers to Trade. This article analyses the nature and enforceability of WTO-plus provisions on sanitary and phytosanitary standards (SPS) as well as product standards (TBT) in Canada's PTAs, from the North American Free Trade Agreement (NAFTA) between Canada, Mexico, and the United States to the Comprehensive Economic and Trade Agreement (CETA) between Canada and the European Union. First, it finds that the inclusion of WTO-plus SPS and TBT provisions in Canada's PTAs is a relatively recent practice that is still in development. Only about half of Canada's PTAs contain WTO-plus SPS and TBT provisions and, those treaties that do, commonly concern institutions for regulatory cooperation and information exchange arrangements, without much commitment to harmonization. Secondly, it finds that nearly half of the SPS and TBT provisions in Canada's PTAs are unenforceable. They either are in a language that is too imprecise for enforcement or do not allow access to a dispute settlement mechanism. Thirdly, it finds that, by global standards, most of Canada's PTAs are modest in their approach to SPS and TBT issues, with NAFTA and CETA as key exceptions. The article concludes that the extent to which regulatory convergence occurs on safety standards for Canada is dependent more on political cooperation between the parties than on the nature and enforceability of SPS and TBT provisions in its PTAs.

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11

DOWNES, CHRIS. "Worth Shopping Around? Defending Regulatory Autonomy under the SPS and TBT Agreements." World Trade Review 14, no. 04 (March 30, 2015): 553–78. http://dx.doi.org/10.1017/s1474745615000178.

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AbstractWith its stringent requirements for scientific evidence, the SPS Agreement is commonly considered a greater constraint on WTO Members' regulatory autonomy than the TBT Agreement. It is consequently feared that Members may ‘forum shop’ by reconstructing SPS measures as TBT regulations and hereby circumvent WTO obligations. This article revisits these assumptions in the light of recent TBT jurisprudence and explores the respective challenges of defending policy preferences under the two technical regimes. It argues that in some respects – the characterization of a measure and the chosen level of protection – the SPS Agreement provides a securer basis for Members to defend regulatory choices. While evidential burdens are more explicitly demanding under SPS rules, the challenge of justifying a TBT measure's rationality should not be understated. In light of these reflections, this article concludes that ‘forum shopping’ is an unpromising strategy for protecting controversial SPS measures.

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Saika, Naoto Nelson. "Seeds, Trade, Trust: Regionalization Commitments under the SPS Agreement." Journal of International Economic Law 20, no. 4 (December 1, 2017): 855–81. http://dx.doi.org/10.1093/jiel/jgy002.

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13

Laowonsiri, Akawat. "Application of the Precautionary Principle in the SPS Agreement." Max Planck Yearbook of United Nations Law Online 14, no. 1 (2010): 563–623. http://dx.doi.org/10.1163/18757413-90000060.

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14

Botterill, Linda Courtenay, and Carsten Daugbjerg. "Commensalistic institutions and value conflicts: the World Trade Organization and global private food standards." European Political Science Review 7, no. 1 (January 17, 2014): 23–42. http://dx.doi.org/10.1017/s1755773913000295.

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An important outcome of the Uruguay Round of multilateral trade negotiations was the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement). This was set up to discipline the use of national food safety and animal and plant health regulations and to prevent their emergence as technical barriers to trade. The Agreement privileges free trade and scientific evidence, thus excluding many ethical considerations from the regulations that national governments can enact in relation to production methods in the agri-food chain. Autonomously from the SPS Agreement, a number of global private standard schemes have been developed that have incorporated values rejected by the SPS Agreement. This paper examines the relationship between the Agreement and the private standards and argues that this case highlights a gap in the institutional literature with respect to parallel institutions emergingautonomouslyfrom the primary institution to embody values excluded by the latter. We adopt the term commensalism for these previously undescribed relationships.

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Barza, Eugênia Cristina Nilsen Ribeiro, and Natália Paulino Bonnomi. "SEGURANÇA ALIMENTAR E ORGANIZAÇÃO MUNDIAL DO COMÉRCIO: ANÁLISE CRÍTICA DO ACORDO SOBRE A APLICAÇÃO DE MEDIDAS SANITÁRIAS E FITOSSANITÁRIAS - DOI: http://dx.doi.org/10.5216/rfd.v41i2.44801." Revista da Faculdade de Direito da UFG 41, no. 2 (December 7, 2017): 196. http://dx.doi.org/10.5216/rfd.v41i2.44801.

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Resumo: O objeto deste artigo é a análise do impacto do Acordo sobre a Aplicação de Medidas Sanitárias e Fitossanitárias (Acordo SPS) nas políticas regulatórias direcionadas à proteção da segurança alimentar. A problematização do trabalho consiste em demonstrar como o Acordo SPS pode orientar a regulação do Estado para que esta alcance o nível desejado de proteção sem ensejar barreiras protecionistas ao comércio. Para tanto, o presente artigo estuda as principais normas contidas no Acordo SPS, bem como avalia a disputa EC-Biotech, de modo a compreender o posicionamento da OMC acerca da regulação relativa à segurança alimentar promovida pelos Estados. Conclui-se que são três os caminhos, que constituem direitos autônomos, para os Estados desenvolverem uma política regulatória de segurança alimentar em observância ao Acordo SPS: medidas que estão em conformidade com os padrões internacionais (Artigo 3.1); medidas, com justificação científica, que resultem em um nível mais elevado de proteção (Artigo 3.3); e, quando a evidência científica for insuficiente, medidas provisórias com base na informação pertinente disponível (Artigo 5.7).Abstract: The object of this paper is to analyze the impact of the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) in the regulatory policy directed to the protection of food safety. The problem faced in this paper is to demonstrate how the SPS Agreement can guide the regulation by the State so that it reaches the desired level of protection without placing protectionist barriers to trade. Therefore, this article examines the main rules contained in the SPS Agreement, as well as assesses the EC-Biotech dispute, in order to understand the WTO's perception of the regulation of food safety promoted by the States. It is concluded that there are three paths, which constitute autonomous rights, for States to develop a regulatory policy for food safety in compliance with the SPS Agreement: measures that comply with international standards (Article 3.1); measures, with scientific justification, that result in a higher level of protection (Article 3.3); and, when scientific evidence is insufficient, provisional measures based on relevant available information (Article 5.7).

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Azzout, Boudjelal T. "Plant Health and the Blight of the WTO SPS Agreement." Environmental Law Review 6, no. 1 (January 2004): 39–48. http://dx.doi.org/10.1350/enlr.6.1.39.40873.

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Mei, Linlu, Vladimir Rozanov, Evelyn Jäkel, Xiao Cheng, Marco Vountas, and John P. Burrows. "The retrieval of snow properties from SLSTR Sentinel-3 – Part 2: Results and validation." Cryosphere 15, no. 6 (June 18, 2021): 2781–802. http://dx.doi.org/10.5194/tc-15-2781-2021.

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Abstract. To evaluate the performance of the eXtensible Bremen Aerosol/cloud and surfacE parameters Retrieval (XBAER) algorithm, presented in the Part 1 companion paper to this paper, we apply the XBAER algorithm to the Sea and Land Surface Temperature Radiometer (SLSTR) instrument on board Sentinel-3. Snow properties – snow grain size (SGS), snow particle shape (SPS) and specific surface area (SSA) – are derived under cloud-free conditions. XBAER-derived snow properties are compared to other existing satellite products and validated by ground-based and aircraft measurements. The atmospheric correction is performed on SLSTR for cloud-free scenarios using Modern-Era Retrospective Analysis for Research and Applications (MERRA) aerosol optical thickness (AOT) and the aerosol typing strategy according to the standard XBAER algorithm. The optimal SGS and SPS are estimated iteratively utilizing a look-up-table (LUT) approach, minimizing the difference between SLSTR-observed and SCIATRAN-simulated surface directional reflectances at 0.55 and 1.6 µm. The SSA is derived for a retrieved SGS and SPS pair. XBAER-derived SGS, SPS and SSA have been validated using in situ measurements from the recent campaign SnowEx17 during February 2017. The comparison shows a relative difference between the XBAER-derived SGS and SnowEx17-measured SGS of less than 4 %. The difference between the XBAER-derived SSA and SnowEx17-measured SSA is 2.7 m2/kg. XBAER-derived SPS can be reasonably explained by the SnowEx17-observed snow particle shapes. Intensive validation shows that (1) for SGS and SSA, XBAER-derived results show high correlation with field-based measurements, with correlation coefficients higher than 0.85. The root mean square errors (RMSEs) of SGS and SSA are around 12 µm and 6 m2/kg. (2) For SPS, aggregate SPS retrieved by XBAER algorithm is likely to be matched with rounded grains while single SPS in XBAER is possibly linked to faceted crystals. The comparison with aircraft measurements, during the Polar Airborne Measurements and Arctic Regional Climate Model Simulation Project (PAMARCMiP) campaign held in March 2018, also shows good agreement (with R=0.82 and R=0.81 for SGS and SSA, respectively). XBAER-derived SGS and SSA reveal the variability in the aircraft track of the PAMARCMiP campaign. The comparison between XBAER-derived SGS results and the Moderate Resolution Imaging Spectroradiometer (MODIS) Snow-Covered Area and Grain size (MODSCAG) product over Greenland shows similar spatial distributions. The geographic distribution of XBAER-derived SPS over Greenland and the whole Arctic can be reasonably explained by campaign-based and laboratory investigations, indicating a reasonable retrieval accuracy of the retrieved SPS. The geographic variabilities in XBAER-derived SGS and SSA both over Greenland and Arctic-wide agree with the snow metamorphism process.

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Herwig, Alexia. "The Application of the SPS Agreement to Transnational, Private Food Standards." European Journal of Risk Regulation 7, no. 3 (September 2016): 610–16. http://dx.doi.org/10.1017/s1867299x00006127.

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Du, Michael M. "STANDARD OF REVIEW UNDER THE SPS AGREEMENT AFTER EC- HORMONES II." International and Comparative Law Quarterly 59, no. 2 (April 2010): 441–59. http://dx.doi.org/10.1017/s0020589310000072.

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Resende, Karina A., Afonso M. Cavaco, Márcia A. Luna-Leite, Bianca R. Acacio, Núbia N. Pinto, Maria D. Neta, and Angelita C. Melo. "Training and standardization of simulated patients for multicentre studies in clinical pharmacy education." Pharmacy Practice 18, no. 4 (October 30, 2020): 2038. http://dx.doi.org/10.18549/10.18549/pharmpract.2020.4.2038.

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Objective: To evaluate the training and standardization methods of multiple simulated patients (SPs) performing a single scenario in a multicenter study. Methods: A prospective quasi-experimental study, using a multicenter approach, evaluated the performance of five different individuals with the same biotype during a simulation session in a high-fidelity environment. The SPs training and standardization process consisted of four steps and six web or face-to-face mediated: Step 1: simulation scenario design and pilot test. Step 2: SPs selection, recruitment and beginning training (Session 1: performance instructions and memorization request.) Session 2: check the SPs’ performances and adjustments). Step 3 and session 3: training role-play and performance’s evaluation. Step 4: SPs' standardization and performances’ evaluation (Sessions 4 and 5: first and second rounds of SPs' standardization assessment. Session 6: Global training and standardization evaluation. SPs performance consistency was estimated using Cronbach's alpha and ICC. Results: In the evaluation of training results, the Maastricht Simulated Patient Assessment dimensions of SPs performances "It seems authentic", "Can be a real patient" and "Answered questions naturally", presented “moderate or complete agreement” of all evaluators. The dimensions "Seems to retain information unnecessarily", "Remains in his/her role all the time", "Challenges/tests the student", and "Simulates physical complaints in an unrealistic way" presented “moderate or complete disagreement” in all evaluations. The SPs "Appearance fits the role" showed “moderate or complete agreement” in most evaluations. In the second round of evaluations, the SPs had better performance than the first ones. This could indicate the training process’s had good influence on SPs performances. The Cronbach's alpha in the second assessment was better than the first (varied from 0.699 to 0.978). The same improvement occurred in the second round of intraclass correlation coefficient that was between 0.424 and 0.978. The SPs were satisfied with the training method and standardization process. They could perceive improvement on their role-play authenticity. Conclusions: The SPs training and standardization process revealed good SPs reliability and simulation reproducibility, demonstrating to be a feasible method for SPs standardization in multicenter studies. The Maastricht Simulated Patient Assessment was regarded as missing the assessment of the information consistency between the simulation script and the SPs provision.

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Resende, Karina A., Afonso M. Cavaco, Márcia A. Luna-Leite, Bianca R. Acacio, Núbia N. Pinto, Maria D. Neta, and Angelita C. Melo. "Training and standardization of simulated patients for multicentre studies in clinical pharmacy education." Pharmacy Practice 18, no. 4 (December 31, 2020): 2038. http://dx.doi.org/10.18549/pharmpract.2020.4.2038.

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Objective: To evaluate the training and standardization methods of multiple simulated patients (SPs) performing a single scenario in a multicenter study. Methods: A prospective quasi-experimental study, using a multicenter approach, evaluated the performance of five different individuals with the same biotype during a simulation session in a high-fidelity environment. The SPs training and standardization process consisted of four steps and six web or face-to-face mediated: Step 1: simulation scenario design and pilot test. Step 2: SPs selection, recruitment and beginning training (Session 1: performance instructions and memorization request.) Session 2: check the SPs’ performances and adjustments). Step 3 and session 3: training role-play and performance’s evaluation. Step 4: SPs' standardization and performances’ evaluation (Sessions 4 and 5: first and second rounds of SPs' standardization assessment. Session 6: Global training and standardization evaluation. SPs performance consistency was estimated using Cronbach's alpha and ICC. Results: In the evaluation of training results, the Maastricht Simulated Patient Assessment dimensions of SPs performances "It seems authentic", "Can be a real patient" and "Answered questions naturally", presented “moderate or complete agreement” of all evaluators. The dimensions "Seems to retain information unnecessarily", "Remains in his/her role all the time", "Challenges/tests the student", and "Simulates physical complaints in an unrealistic way" presented “moderate or complete disagreement” in all evaluations. The SPs "Appearance fits the role" showed “moderate or complete agreement” in most evaluations. In the second round of evaluations, the SPs had better performance than the first ones. This could indicate the training process’s had good influence on SPs performances. The Cronbach's alpha in the second assessment was better than the first (varied from 0.699 to 0.978). The same improvement occurred in the second round of intraclass correlation coefficient that was between 0.424 and 0.978. The SPs were satisfied with the training method and standardization process. They could perceive improvement on their role-play authenticity. Conclusions: The SPs training and standardization process revealed good SPs reliability and simulation reproducibility, demonstrating to be a feasible method for SPs standardization in multicenter studies. The Maastricht Simulated Patient Assessment was regarded as missing the assessment of the information consistency between the simulation script and the SPs provision.

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Wassenaar, Marlies, Colin M. Brown, and Peter Hagoort. "ERP Effects of Subject—Verb Agreement Violations in Patients with Broca's Aphasia." Journal of Cognitive Neuroscience 16, no. 4 (May 2004): 553–76. http://dx.doi.org/10.1162/089892904323057290.

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This article presents electrophysiological data on on-line syntactic processing during auditory sentence comprehension in patients with Broca's aphasia. Event-related brain potentials (ERPs) were recorded from the scalp while subjects listened to sentences that were either syntactically correct or contained violations of subject-verb agreement. Three groups of subjects were tested: Broca patients (n = 10), nonaphasic patients with a right-hemisphere (RH) lesion (n = 5), and healthy agedmatched controls (n = 12). The healthy, control subjects showed a P600/SPS effect as response to the agreement violations. The nonaphasic patients with an RH lesion showed essentially the same pattern. The overall group of Broca patients did not show this sensitivity. However, the sensitivity was modulated by the severity of the syntactic comprehension impairment. The largest deviation from the standard P600/SPS effect was found in the patients with the relatively more severe syntactic comprehension impairment. In addition, ERPs to tones in a classical tone oddball paradigm were also recorded. Similar to the normal control subjects and RH patients, the group of Broca patients showed a P300 effect in the tone oddball condition. This indicates that aphasia in itself does not lead to a general reduction in all cognitive ERP effects. It was concluded that deviations from the standard P600/SPS effect in the Broca patients reflected difficulties with on-line maintaining of number information across clausal boundaries for establishing subject-verb agreement.

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Peel, Jacqueline. "OF APPLES AND ORANGES (AND HORMONES IN BEEF): SCIENCE AND THE STANDARD OF REVIEW IN WTO DISPUTES UNDER THE SPS AGREEMENT." International and Comparative Law Quarterly 61, no. 2 (April 2012): 427–58. http://dx.doi.org/10.1017/s0020589312000024.

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AbstractThe standard of review applied by WTO decision-makers in disputes under the Sanitary and Phytosanitary (SPS) Measures Agreement plays a critical role in determining the scope of SPS risk regulatory authority afforded WTO Members by governing the degree to which such measures must be science-based. The standard of review question in SPS jurisprudence finds resonances in international environmental legal adjudication of highly technical disputes, as well as in comparative law concerning judicial review of science-based risk regulation in the United States and European Union. This article considers recent case law of the WTO Appellate Body in Continued Suspension and Australia–Apples and the extent to which these decisions permit a more deferential approach on the part of WTO decision-makers in evaluating the scientific underpinnings of Members' disputed SPS measures. It is argued that the case law has failed to articulate a strong normative rationale for the current interpretation of the standard of review applied in SPS disputes. Drawing on social scientific findings regarding the limitations of science-based risk assessment in diverse risk settings, the article contends that a more coherent and principled approach to application of the standard of review would allow for its adjustment according to the nature of the risk situation under consideration.

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Vorontsova, N. A. "SPS Measures as Hidden Barriers to International Trade within WTO and EAEU (theory and practice)." Moscow Journal of International Law, no. 1 (July 25, 2020): 66–78. http://dx.doi.org/10.24833/0869-0049-2020-1-66-78.

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INTRODUCTION. Since there are many threats in the modern world, states consider the essence of security in its various manifestations. A rather extensive understanding of security should be noted, as this concept applies to multiple directions of our life. So-called SPS measures are one of the vectors aimed at ensuring safety (protection) of human life and health. The scientific literature covers rather extensively SPS measures, taken by states, which include mandatory sanitary, veterinary and quarantine phytosanitary requirements and procedures. The novelty of the study is that SPS measures will be analyzed in terms of their use as hidden barriers to international trade, as well as how often they are used when a particular sanitary or phytosanitary measure imposed by a state or maintained in force by a member of an international organization restrains or can potentially restrain export of its goods.MATERIALS AND METHODS. In international trade certain issues of the contemplated problem are regulated by Article XX of GATT, as well as by the Special Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement). Security measures reflected in the Article XXI of GATT-94 are not considered.RESEARCH RESULTS. Th author concluded that SPS measures construe hidden barriers to international trade. However, it is possible to establish "rules of the game", to agree on this problem in concluded agreements on the rules of application of SPS measures, minimizing the possibility of their unfair use. As for the EAEU law, it affects the development of international norms in the field under consideration.DISCUSSION AND CONCLUSIONS. The urgency of the issues dealt with in the article is based on the fact that every resident of any state in one way or another wants to be sure of the safety of all that he consumes and that the state or a number of states within the framework of an international organization are obliged to ensure this. The Eurasian Economic Union (EAEU) is no exception, it also faces similar tasks. The article analyzes the results of activities in the sphere of decision-making on SPS measures and the framework of the international organization of regional economic integration – the EAEU.

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Haseeb Ansari, Abdul, and Nik Ahmad Kamal Nik Mahmod. "Biosafety Protocol, SPS Agreement and export and import control of LMOs/GMOs." Journal of International Trade Law and Policy 7, no. 2 (December 5, 2008): 139–70. http://dx.doi.org/10.1108/14770020810927336.

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PurposeWhen genetically modified organisms (GMOs) were put into the international trade, people in many countries, especially European countries, became skeptical of them. A perception developed that they are harmful to human, animal, plant life and health, and destructive to the environment. It is true that if there is no safe use of genetically modified living organisms (LMOs), other species might be affected causing loss to the environment. So as to ensure safe use of LMOs and GMOs, the Cartagena Protocol and the SPS Agreement were, respectively, made. The purpose of this paper is to critically examine both the legal instruments and to explore ways to make them co‐existent, so that human, animal, plant life and health, and the environment are protected without affecting the international trade in LMOs and GMOs.Design/methodology/approachThis paper undertakes a critical examination of the issues surrounding GMOs and LMOs.FindingsThe Cartagena Protocol and the SPS Agreement serve two different purposes. It is for this reason that some of their provisions are not co‐extensive. But the conflict in them can be resolved. It is suggested that the provisions pertaining to the precautionary principle of the SPS Agreement should be brought in line with that of the Cartagena Protocol. It is also suggested that importing countries should conduct their own risk assessment preferably by following the CODEX procedure. In no case, risk assessment done by producing companies should be taken as conclusive.Practical implicationsIf suggestions offered by the paper are followed, the two will then protect the human, animal and plant health and the environment in the best possible way.Originality/valueFor achieving its object, the paper presents a comparative assessment of the cases decided under the General Agreement on Tariffs and Trade (GATT) and the World Trade Organization (WTO).

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김시라 and 김은미. "Application of the Precautionary Principle in the SPS Agreement : Analyzing EC-GMOs." Journal of International Trade & Commerce 11, no. 6 (December 2015): 297–314. http://dx.doi.org/10.16980/jitc.11.6.201512.297.

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Reid, Emily. "Risk Assessment, Science and Deliberation: Managing Regulatory Diversity under the SPS Agreement?" European Journal of Risk Regulation 3, no. 4 (December 2012): 535–44. http://dx.doi.org/10.1017/s1867299x00002452.

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The adoption by WTO Members of measures relating to the protection of health and life of animals, plants and humans is regulated by the WTO Sanitary and Phytosanitary (SPS)Agreement. A fundamental question in the application of this agreement concerns the distinction to be drawn between legitimate regulation and unlawful restriction of trade. This distinction can be difficult to discern, particularly since different communities have different levels of tolerance for risk, which leads to varying national regulatory decisions. This paper critically examines the approach taken to this question in rulings of the WTO dispute settlement panels and Appellate Body, highlighting and analysing three emergent issues:the role attributed to science, the two stage review process adopted and the application of the principle of mutual recognition. The importance of deliberative decision-making inthis context is emphasised, as is the need for recognition and acceptance of the regulatory diversity that this will bring.

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Torres Rodríguez, Pamela. "Analysis of de Subsection 3.2.7 of the Annex to Regulation (EU) No. 488-2014 concerning the maximum cadmium content in chocolate and derived products under the WTO Sanitary and Phytosanitary rules." Revista Internacional de Derecho 2, no. 1 (2021): 54–77. http://dx.doi.org/10.37768/unw.rid.02.01.004.

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The requirement for maximum levels of cadmium in cocoa and derived products established in subsection 3.2.7 of the Annex to the European Union (EU) Regulation No. 488/2014 shall be in accordance with the World Trade Organization (WTO) Sanitary and Phytosanitary (SPS) rules. Thus, through the dogmatic method it is analysed whether it is a SPS measure that affects international trade and if it complies with the basic principles of the SPS Agreement as if the measure: was issued under the sovereign right of the European Union (EU) Member States (MS) to adopt SPS measures, was adopted to protect human life or health, had scientific basis, and does not imply arbitrary or unjustified discrimination.

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Manalu, Velicia Theoartha, Sinta Dewi Rosadi, and Prita Amalia. "IMPLEMENTATION REGIONALIZATION PRINCIPLE BASED ON SANITARY AND PHYTOSANITARY (SPS) AGREEMENT ACCORDING TO VIENNA CONVENTION ON THE LAW OF TREATIES (VCLT) OF 1969." Yustisia Jurnal Hukum 10, no. 2 (August 24, 2021): 163. http://dx.doi.org/10.20961/yustisia.v10i2.44710.

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<em>The practice of the regionalization principle in Article 6 Sanitary and Phytosanitary (SPS) Agreement is still conflicted. This is because of several cases regarding the members misinterpretation of international guidelines in the regionalization principle, such as India – Agricultural Products and Russia – Pigs (EU). Recently, Coronavirus Diseases 2019 (Covid-19) has been considered to affect animal trade. Such conditions prompt the World Trade Organization (WTO) to recommend the Members to take SPS Measures to protect their domestic market. However, the trade would be inhibited in case the country-wide ban approach is applied. Therefore, this paper discusses the possible SPS measures under the regionalization principle to promote the trade during the pandemic according to WTO decisions from previous cases in line with the VCLT of 1969. The research result shows that the Covid-19 is an obstacle to international trade and makes humans and animals vulnerable to this virus. Consequently, many animal trades have been banned to prevent its spread. To deal with this condition, Indonesia could apply the regionalization principle in Article 6 SPS Agreement. Moreover, the government should update the quarantine law by pointing out the regionalization principle, unlike the zone system rules only applied to animals susceptible to Food Mouth Disease</em>

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HOEKMAN, BERNARD, and JOEL TRACHTMAN. "Continued suspense: EC–Hormones and WTO disciplines on discrimination and domestic regulation Appellate Body Reports: Canada/United States – Continued Suspension of Obligations in the EC – Hormones Dispute, WT/DS320/AB/R,WT/DS321/AB/R, adopted 14 November 2008." World Trade Review 9, no. 1 (January 2010): 151–80. http://dx.doi.org/10.1017/s1474745609990280.

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AbstractBased on the reasoning of the Appellate Body in Canada/United States – Continued Suspension of Obligations in the EC–Hormones Dispute (‘Continued Suspension’), this paper analyzes the distinction between the national-treatment obligation under Article III of GATT and the requirement under the Agreement on Sanitary and Phytosanitary (SPS) Measures that such measures be based on a risk assessment that takes into account available scientific evidence. The Appellate Body's reasoning makes clear that the primary purpose of the SPS Agreement is to discipline discriminatory regulation, and not the level of protection. We argue that the case clarifies that de facto protection (market segmentation) created by an SPS measure must be motivated by demonstrating that the measure is addressing a market failure, as reflected in the existence of some scientific basis for a health or safety concern. The scientific-basis requirement is a means for determining the intent of an SPS measure. While this is a factor that is ostensibly not relevant in GATT national-treatment cases, the need for scientific justification is not a move away from a concern with preventing illegitimate discrimination against imported products.

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Botha, Frederik C., and Kevin G. Black. "Sucrose phosphate synthase and sucrose synthase activity during maturation of internodal tissue in sugarcane." Functional Plant Biology 27, no. 1 (2000): 81. http://dx.doi.org/10.1071/pp99098.

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Sucrose accumulation rates, sucrose-phosphate synthase (SPS, EC 2.4.1.14) and soluble sucrose synthase (SuSy, EC 2.4.1.13) activities were measured in internodal tissue from a sugarcane (Saccharum species hybrids) variety N19. The sucrose accumulation rate sharply increases between internodes 3 to 11. In the older internodes SPS activity was at least three times higher than the SuSy activity. A highly significant positive correlation was found between SPS activity and sucrose content. In contrast, no significant correlation was observed between SuSy and sucrose content. In agreement, when radiolabelled glucose was fed to internodes with a high sucrose accumulation rate, label was equally distributed in the hexose moieties of sucrose. This clearly indicates that SPS is the major sucrose synthesis activity in the culm of sugarcane. Different kinetic forms of SPS apparently exist in the internodal tissue at different stages of development.

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Trachtman, Joel. "The WTO Seal Products Case: Doctrinal and Normative Confusion." AJIL Unbound 108 (2014): 323–27. http://dx.doi.org/10.1017/s239877230000948x.

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The negotiators and drafters of the Agreement establishing the World Trade Organization(WTO), which includes the General Agreement on Tariffs and Trade 1947(GATT) and the Agreement on Technical Barriers to Trade(TBT), as well as other subagreements dealing with domestic regulation, such as the Agreement on Sanitary and Phytosanitary Measures(SPS), did not do a great job of doctrinal integration among the different documents that comprise the WTO Agreement. To be fair, at the end of the Uruguay Round, the hour was late and they may have felt that the basic ideas were sufficiently clear that it could all be sorted out in litigation. But in several contexts, including within the original GATT, the text of which dates from 1947, they covered the same ground in multiple places, without stating clearly how the different norms relate to one another,and without articulating plausible reasons for different treatment. For example, why is different language used for national treatment in three different places within Article III of GATT, and why is that language different from the language that appearsto have the same purpose in the TBT Agreement or in the SPS Agreement?

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Sandford, Iain. "Hormonal Imbalance? Balancing Free Trade and the Need for SPS Measures after the Decision in Hormones." Victoria University of Wellington Law Review 29, no. 2 (April 1, 1999): 389. http://dx.doi.org/10.26686/vuwlr.v29i2.6032.

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The Agreement on the Application of Sanitary and Phytosanitary Measures was negotiated during the Uruguay Round of multilateral trade negotiations to ensure that measures taken to protect humans and animals from foodborne risks, and to protect plants, animals and people from the risks of pests and diseases (SPS measures) were imposed only where they were justified. As such, the Agreement implicitly struck a balance between the freedom of World Trade Organization (WTO) Members to impose such legitimate measures and the objective of minimising trade disruptions. This article explores how this implicit balance was tested in the first SPS case to come before the WTO's new dispute settlement system European Communities Measures Concerning Meat and Meat Products (Hormones). This article examines the reasoning of both the Panel and Appellate Body considering the case and concludes that the final decision of the Appellate Body moved the balance too far in favour of Members' right to impose trade restrictive SPS measures.

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Arcuri, Alessandra, Lukasz Gruszczynski, and Alexia Herwig. "Independence of Experts and Standards for Evaluation of Scientific Evidence under the SPS Agreement – New Directions in the SPS Case Law." European Journal of Risk Regulation 1, no. 2 (June 2010): 183–88. http://dx.doi.org/10.1017/s1867299x00000337.

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Under Section II of the Rules of Conduct for the DSU, the institutional affiliation of experts may be considered as an element that casts doubts on their impartiality and independence. Under Articles 5.1 and 5.7 of the SPS Agreement, the level of protection that a particular country is ready to tolerate may inform risk assessment and have an impact on the determination of insufficiency of scientific evidence. In a situation in which there is sufficient scientific evidence for performance of risk assessment in one of the international standard setting-organizations, one may still find insufficiency as provided by Article 5.7 if new data puts into question the relationship between the relevant scientific evidence and the conclusions in relation to risk, thereby not permitting the performance of a sufficiently objective assessment of risk (authors’ headnote).

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Song, Yi, Zhao Yao Zhou, Zhi Cheng Chen, and Yong Quan Ye. "An Improved Thermal-Electric-Displacement Coupled SPS FEM Simulation." Advanced Materials Research 211-212 (February 2011): 681–85. http://dx.doi.org/10.4028/www.scientific.net/amr.211-212.681.

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This paper proposed an improved thermal-electric-displacement FEM model for spark plasma sintering (SPS), which fully considered the variations of therma-electrical material parameters, contact resistances and contact boundaries due to the densification process. The simulation shows that such an alterable boundary condition builds a remarkable temperature gradient in the axial direction along the inner wall of the die, and the local change of the temperature at the contact interfaces can be described more exactly. The experiment and the simulation are in a great agreement. The developed SPS model can be used as an aiding tool to optimize the SPS process parameters of metal powders.

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Boutrif, Ezzeddine. "The new role of Codex Alimentarius in the context of WTO/SPS agreement." Food Control 14, no. 2 (March 2003): 81–88. http://dx.doi.org/10.1016/s0956-7135(02)00113-5.

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Lee,Eun-Sup and 이주영. "Applicating Scope of SPS Agreement : Focusing on Panel’s Interpretation in EC-Biotech Case." International Commerce and Information Review 10, no. 4 (December 2008): 439–55. http://dx.doi.org/10.15798/kaici.10.4.200812.439.

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Neeliah, S. A., and D. Goburdhun. "Complying with the clauses of the SPS Agreement: Case of a developing country." Food Control 21, no. 6 (June 2010): 902–11. http://dx.doi.org/10.1016/j.foodcont.2009.12.008.

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ROBERTS, DONNA, and LAURIAN UNNEVEHR. "Resolving trade disputes arising from trends in food safety regulation: the role of the multilateral governance framework." World Trade Review 4, no. 3 (November 2005): 469–97. http://dx.doi.org/10.1017/s1474745605002466.

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New food regulations may impede international trade, but multilateral mechanisms can resolve trade conflicts when they do arise. Food safety regulation in industrialized countries during the 1990s increasingly uses risk analysis in a farm-to-table approach, promotes the Hazard Analysis and Critical Control Point (HACCP) system, and increases the stringency of standards or creates new regulations for hazards. The 1995 Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement), negotiated by World Trade Organization (WTO) members, establishes a framework to reduce their trade distorting aspects. Three of the principles under the SPS Agreement – science-based risk assessment, equivalence, and harmonization – directly address aspects of food safety regulation that create the potential for trade disputes. In many cases, the science requirements of the Agreement have led to the elimination of unnecessary regulatory barriers to trade. However, some high profile cases remain unresolved because of gaps in convergence around risk management principles that were not spelled out in the Agreement in deference to national sovereignty. The evidence also indicates that there has been limited progress in reducing regulatory transactions costs to trade in food through equivalence or harmonization.

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Black, Robert, and Irina Kireeva. "Sanitary and Phytosanitary Legislation in the Russian Federation: A General Overview in Light of the WTO SPS Agreement and EU Principles of Food Safety." Review of Central and East European Law 35, no. 3 (2010): 225–55. http://dx.doi.org/10.1163/157303510x12650378240313.

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AbstractThis article introduces the World Trade Organization (WTO) rules on sanitary and phytosanitary (SPS) measures and the European Union's policies and legislation that exemplify these rules. This forms the basis for examining primary Russian SPS legislation governing border controls and its relationship with legislative provisions on human, animal, and plant health and food safety. Specific Russsian primary federal laws (federal'nye zakony) covering veterinary medicine, plant health, food quality/safety, pesticides and agrochemicals, and technical regulations are compared with corresponding international conventions, norms, and standards and relevant legislation in the EU. Finally, general remarks are made about the Russian Federation's secondary legislation in the SPS area. Instances of non-compliance with international norms, found by the authors, may contribute to trade difficulties with other countries and likely will need to be addressed as part of Russia's negotiations to join the WTO and, also, to remove some of the difficulties in trade with the EU.

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Ratzker, Barak, Sergey Kalabukhov, and Nachum Frage. "Spark Plasma Sintering Apparatus Used for High-temperature Compressive Creep Tests." Materials 13, no. 2 (January 15, 2020): 396. http://dx.doi.org/10.3390/ma13020396.

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Creep is a time dependent, temperature-sensitive mechanical response of a material in the form of continuous deformation under constant load or stress. To study the creep properties of a given material, the load/stress and temperature must be controlled while measuring strain over time. The present study describes how a spark plasma sintering (SPS) apparatus can be used as a precise tool for measuring compressive creep of materials. Several examples for using the SPS apparatus for high-temperature compressive creep studies of metals and ceramics under a constant load are discussed. Experimental results are in a good agreement with data reported in literature, which verifies that the SPS apparatus can serve as a tool for measuring compressive creep strain of materials.

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Ray, Baidurja, and Lance R. Collins. "Investigation of sub-Kolmogorov inertial particle pair dynamics in turbulence using novel satellite particle simulations." Journal of Fluid Mechanics 720 (February 27, 2013): 192–211. http://dx.doi.org/10.1017/jfm.2013.24.

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AbstractClustering (or preferential concentration) of weakly inertial particles suspended in a homogeneous isotropic turbulent flow is driven primarily by the smallest eddies at the so-called Kolmogorov scale. In particle-laden large-eddy simulations (LES), these small scales are not resolved by the grid and hence their effect on both the resolved flow scales and the particle motion have to be modelled. In order to predict clustering in a particle-laden LES, it is crucial that the subgrid model for the particles captures the mechanism by which the subgrid scales affect the particle motion (Ray & Collins, J. Fluid Mech., vol. 680, 2011, pp. 488–510). In this paper, we describe novel satellite particle simulations (SPS), in which we study the clustering and relative velocity statistics of inertial particles at separation distances well below the Kolmogorov length scale. SPS is designed to isolate pairwise interactions of particles, and is therefore well suited for developing two-particle models. We show that the power-law dependence of the radial distribution function (RDF), a statistical measure of clustering, is predicted by the SPS in excellent agreement with direct numerical simulations (DNS) for Stokes numbers up to 3, implying that no explicit information from the inertial range is required to accurately describe particle clustering. This result further explains our successful prediction of the RDF power using the drift-diffusion model of Chun et al. (J. Fluid Mech., vol. 536, 2005, pp. 219–251) for $\mathit{St}\leq 0. 4$. We also consider the second-order longitudinal relative velocity structure function for the particles; we show that the SPS is able to capture its power-law exponent for $\mathit{St}\leq 0. 5$ and attribute the disagreement at larger $\mathit{St}$ to the effect of the larger scales of motion not captured by the SPS. Further, the SPS is able to capture the ‘caustic activation’ of the structure function at zero separation and predict the critical $\mathit{St}$ and rate of activation in agreement with the DNS (Salazar & Collins, J. Fluid. Mech., vol. 696, 2012, pp. 45–66). We show comparisons between filtered DNS and equivalently filtered SPS, and the findings are similar to the unfiltered case. Overall, SPS is an efficient and accurate computational tool for investigating particle pair dynamics at small separations, as well as an interesting platform for developing LES subgrid models designed to accurately reproduce particle clustering.

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Lee, Jin-Kyu. "Limitations and Development Agenda of WTO/SPS Agreement as a Food Safety Regulatory System." DONG-A LAW REVIEW 86 (February 29, 2020): 255–76. http://dx.doi.org/10.31839/dalr.2020.02.86.255.

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Morse, Edward A. "Sound science and trade barriers: Democracy, autonomy, and the limits of the SPS agreement." Journal of International Trade Law and Policy 6, no. 1 (May 31, 2007): 1–12. http://dx.doi.org/10.1108/14770020780000545.

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LIU, FU-HU, DONG-HAI ZHANG, MAI-YING DUAN, and NABIL N. ABD ALLAH. "KAON PSEUDORAPIDITY DISTRIBUTION IN pA AND AA COLLISIONS AT AGS AND SPS ENERGIES." International Journal of Modern Physics E 12, no. 06 (December 2003): 771–79. http://dx.doi.org/10.1142/s0218301303001569.

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We study systematically the kaon pseudorapidity distribution in proton-nucleus and nucleus-nucleus collisions at AGS and SPS energies within the cylinder model. The calculated results are compared and shown to be in agreement with the available experimental data.

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Bonneuil, Christophe, and Les Levidow. "How does the World Trade Organization know? The mobilization and staging of scientific expertise in the GMO trade dispute." Social Studies of Science 42, no. 1 (January 16, 2012): 75–100. http://dx.doi.org/10.1177/0306312711430151.

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The World Trade Organization (WTO) dispute settlement procedure is a key arena for establishing global legal norms for what counts as relevant knowledge. As a high-profile case, the WTO trade dispute on GMOs mobilized scientific expertise in somewhat novel ways. Early on, the Panel put the dispute under the Sanitary and Phytosanitary (SPS) Agreement through a new legal ontology; it classified transgenes as potential pests and limited all environmental issues to the ‘plant and animal health’ category. The selection of scientific experts sought a multi-party consensus through a fast adversarial process, reflecting a specific legal epistemology. For the SPS framing, focusing on the defendant’s regulatory procedures, the Panel staged scientific expertise in specific ways that set up how experts were questioned, the answers they would give, their specific role in the legal arena, and the way their statements would complement the Panel’s findings. In these ways, the dispute settlement procedure co-produced legal and scientific expertise within the Panel’s SPS framework. Moreover, the Panel operated a procedural turn in WTO jurisprudence by representing its findings as a purely legal-administrative judgement on whether the EC’s regulatory procedures violated the SPS Agreement, while keeping implicit its own judgements on substantive risk issues. As this case illustrates, the WTO settlement procedure mobilizes scientific expertise for sophisticated, multiple aims: it recruits a source of credibility from the scientific arena, thus reinforcing the standard narrative of ‘science-based trade discipline’, while also constructing new scientific expertise for the main task – namely, challenging trade restrictions for being unduly cautious.

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Pauwelyn, J. "The WTO agreement on sanitary and phytosanitary (SPS) measures as applied in the first three SPS disputes. EC - Hormones, Australia - salmon and Japan - varietals." Journal of International Economic Law 2, no. 4 (December 1, 1999): 641–64. http://dx.doi.org/10.1093/jiel/2.4.641.

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Brewster, Rachel, and Carolyn Fischer. "Fishy SPS Measures? The WTO's Korea – Radionuclides Dispute." World Trade Review 20, no. 4 (June 11, 2021): 524–32. http://dx.doi.org/10.1017/s1474745621000112.

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AbstractThe Korea–Radionuclides case addresses Korean SPS measures imposed on Japanese fishery products after the Fukushima Dai-ichi nuclear plant meltdown in 2011. Japan challenged these measures as more restrictive than necessary under the SPS Agreement. The panel agreed with Japan, but this ruling was largely reversed by the Appellate Body. Korea's victory at the Appellate Body was based on procedure. The panel accepted Korea's appropriate level of protection (ALOP), which included both quantitative and qualitative elements. However, the Appellate Body found that the panel only addressed the quantitative aspect of Korea's ALOP and reversed on that basis. The Appellate Body's ruling did not affirmatively find that Korea's SPS measures were legal under WTO rules. Instead, the Appellate Body found that panel had not sufficiently addressed Korea's arguments and, thereby, the panel could not determine that the SPS measures were more restrictive than necessary. The case highlights the need for the Appellate Body to be able to conduct its own factual analysis, a power it could be given if the dispute settlement system is reformed. Without independent fact-finding power, the Appellate Body cannot correct panels’ mistakes, and respondents can prevail based on panel error.

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Hong, Chae-Hee, and Yang-Kee Lee. "Necessity of Amendment of SPS Agreement through Panel Decision in Korea-Japan Marine Products Conflict." Journal of Korea Research Association of International Commerce 19, no. 6 (December 31, 2019): 1–24. http://dx.doi.org/10.29331/jkraic.2019.12.19.6.1.

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Huei-Chih, Niu. "Can Article 5.7 of the WTO SPS Agreement be a Model for the Precautionary Principle?" SCRIPT-ed 4, no. 4 (December 15, 2007): 367–88. http://dx.doi.org/10.2966/scrip.040407.367.

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Journal articles on the topic 'SPS Agreement'

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