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Contents
- Preliminary Material
- Preface to Paperback Edition
- 1 Article 5.1: Applicable Standard of Review
- 2 Article 5.7: Is the Member State’s Appropriate Level of SPS Protection Relevant to Assessing the Sufficiency of Scientific Evidence?
- 3 Article 5.7: When Might Previously Sufficient Evidence Become Insufficient?
- 4 Article 5.7: What Role Does the Existence of International Standards Play in Assessing the Sufficiency of Scientific Evidence?
- 5 Article 5.7: Other than Insufficiency, What do Members Have to Demonstrate to Rely on Article 5.7?
- 6 Article 5.7: The Precautionary Principle
- 7 Independence of the Panels’ Scientific Experts
- Acknowledgements
- Contents
- Table of Cases
- Preface to Paperback Edition
- Main Text
- Introduction
- Ch.1 Introducing the SPS Agreement
- Ch.2 Cooperative Regulation in the WTO: The SPS Committee
- Ch.3 Science and SPS
- Preliminary Material
- A Introduction
- B The Science Based Obligations
- C The Relationship Between Article 2.2 and Article 5.1
- D Article 2.2
- E Article 5.1 Risk Assessment
- F Article 5.7: Provisional Measures Where Insufficient Scientific Evidence
- i.) The Relationship Between Article 2.2 and Article 5.7
- ii.) The Relationship Between Article 5.1 and Article 5.7
- iii.) Background Condition: Insufficient Scientific Evidence
- iv.) Additional Latitude: Basing Measures on Available Pertinent Information
- v.) Provisionality I: Seek Additional Information
- vi.) Provisionality II: Review Measure within Reasonable Period of Time
- G The Temporal Dimension
- H A Brief Note on the Precautionary Principle
- I Dispute Settlement Dimensions
- J Conclusion
- Ch.4 Additional Obligations
- Ch.5 The Transparency Obligations
- Preliminary Material
- A Introduction
- B Legal Framework
- C SPS Regulations
- D Notification
- i.) Regular Format
- ii.) Notification and International Standards
- iii.) Significant Effect on Trade
- iv.) What Notification Involves
- v.) Notification of Emergency Measures
- vi.) SPS and TBT
- vii.) Procedure to Enhance Transparency of Special and Differential Treatment in Favour of Developing Countries
- viii.) Notification of Equivalence Agreements
- E Publication
- F Responding to Enquiries
- G Transparency: The Language Dimension
- H Transparency: An Assessment
- I The Role of the Secretariat
- Ch.6 Control, Inspection and Approval Procedure
- Ch.7 International Standards
- Preliminary Material
- A Introduction
- B What are International Standards in the SPS System?
- C The Sister Organizations
- D Member States and International Standards
- E Monitoring the Use of International Standards
- F Developing Country Participation in International Standard-Setting
- G Conclusion
- Ch.8 SPS and Developing Countries
- Agreement on the Application of Sanitary and Phytosanitary Measures (“SPS Agreement”)
- Preliminary Material
- Art.1 General Provisions
- Art.2 Basic Rights and Obligations
- Art.3 Harmonization
- Art.4 Equivalence
- Art.5 Assessment of Risk and Determination of the Appropriate Level of Sanitary or Phytosanitary Protection
- Art.6 Adaptation to Regional Conditions, Including Pest- or Disease-Free Areas and Areas of Low Pest or Disease Prevalence
- Art.7 Transparency
- Art.8 Control, Inspection and Approval Procedures
- Art.9 Technical Assistance
- Art.10 Special and Differential Treatment
- Art.11 Consultations and Dispute Settlement
- Art.12 Administration
- Art.13 Implementation
- Art.14 Final Provisions
- Annex A: Definitions
- Annex B: Transparency of Sanitary and Phytosanitary Regulations
- Annex C: Control, Inspection and Approval Procedures
- Further Material
