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The WTO Agreement on Sanitary and Phytosanitary Measures : A Commentary - 2 Revised edition

By: (Author) Joanne Scott , (Author) Lukasz Gruszczynski

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Ksh 35,650.00

Format: Hardback or Cased Book

ISBN-10: 0192845195

ISBN-13: 9780192845191

Edition: 2 Revised edition

Series: Oxford Commentaries on International Law

Publisher: Oxford University Press

Imprint: Oxford University Press

Country of Manufacture: GB

Country of Publication: GB

Publication Date: Aug 17th, 2023

Print length: 384 Pages

Weight: 834 grams

Dimensions (height x width x thickness): 25.30 x 17.40 x 2.60 cms

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Updated legal commentary on the WTO Agreement on Sanitary and Phytosanitary Measures. Addresses developments in relevant case law and practice. Critically examines selected regional trade agreements as well as the development dimension of the SPS Committee and its ability to address the existing needs of developing countries.
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).

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