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Part III World Trade Law and Regional Trade Agreements, XV The Agreement on the Application of Sanitary and Phytosanitary Measures (SPS)

From: Principles of International Economic Law (1st Edition)

Matthias Herdegen

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From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 20 May 2024

Specific trade agreements — Safeguards — Precautionary principle
The Agreement on Sanitary and Phytosanitary Measures (SPS Agreement)1 establishes standards for trade restrictions which shall protect the life and health of humans, animals, and plants. The SPS standards are far more specific than the exception of Article XX(b) of the GATT. The SPS Agreement ‘applies to all sanitary and phytosanitary measures which may, directly or indirectly, affect international trade’ (Article 1.1 first sentence) and requires that ‘[s]uch measures shall be developed and applied in accordance with the provisions of this Agreement’. In legal...
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