A real world where people live and work and die: Australian SPS measures after the WTO Appellate Body's decision in the hormones case

Article Abstract:

The Agreement on the Application of Sanitary and Phytosanitary (SPS) Measures has been adopted in the Uruguay Round to provide a concrete rule on risk-assessment. The agreement requires that all SPS measures must be applied only to the extent necessary to protect human, animal and plant health, and must be based on scientific principles. The interpretation of the agreement presents possible legal conflicts as shown in the recent EC Meat Hormones cases in which a WTO Panel and the Appellate Body disagreed on a number of important legal issues.

Analysis, Risk assessment, International aspects, Sanitation

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The duty to exercise judgment on the fruitfulness of actions in world trade law

Article Abstract:

An evaluation of the correlation of interest and the entitlement to require performance of world trade law obligations is presented. It is suggested that the argument that the complainant has not demonstrated its interest to sue, regardless of its priority character, should not be taken into account in all cases as an initial objection to the jurisdiction of the dispute settlement body.

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Appellate Body jurisprudence relating to trade remedies

Article Abstract:

An assessment of the Appellate Body jurisprudence relevant to the interpretation of the provisions of anti-dumping, safeguard and countervailing duties measures is presented. A large amount of jurisprudence is now building up, especially in relation to the interpretation of the Agreement on Safeguards.

Courts, Special Courts, Research, Jurisprudence, Appellate courts

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