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US — Animals, United States v Argentina, Panel Report, WT/DS447/R, ITL 124 (WTO 2015), 24th July 2015, World Trade Organisation [WTO]

US — Animals, United States v Argentina, Panel Report, WT/DS447/R, ITL 124 (WTO 2015), 24th July 2015, World Trade Organisation [WTO]

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 23 September 2019

Whether an understanding of ‘based on’ in Article 3 of the Sanitary and Phytosanitary Agreement (‘SPS Agreement’) should have been guided by the understanding of the term ‘as a basis’ in Article 2.4 of the Technical Barriers to Trade Agreement.

Whether Article 5.4 of the SPS Agreement imposed a positive obligation on World Trade Organization (‘WTO’) members.

To what extent Articles 6.1, 6.2 and 6.3 of the SPS Agreement informed each other.

Whether Article 10.1 of the SPS Agreement imposed a positive obligation on WTO members.

Whether the Panel’s reasoning in European Communities — Measures Affecting the Approval and Marketing of Biotech Products stood for the proposition that there was no way to satisfy the burden of proof under Article 10.1 of the SPS Agreement.

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