Regulating human and environmental health risks under the agreement on the application of sanitary and phytosanitary measures : a critical analysis

Resource Information

The work Regulating human and environmental health risks under the agreement on the application of sanitary and phytosanitary measures : a critical analysis represents a distinct intellectual or artistic creation found in European University Institute Library. This resource is a combination of several types including: Work, Language Material, Books.

Label

Regulating human and environmental health risks under the agreement on the application of sanitary and phytosanitary measures : a critical analysis

Title remainder

a critical analysis

Statement of responsibility

Lukasz Gruszczynski

Creator

• Gruszczynski, Lukasz

Contributor

• European University Institute, Law Department

Subject

• Environmental risk assessment -- Law and legislation
• Food adulteration and inspection -- Law and legislation
• Agreement on the Application of Sanitary and Phytosanitary Measures, (1995 January 1)
• Foreign trade regulation

Language

eng

Summary

The last sixty years witnessed an unprecedented expansion of international trade. The system created by the General Agreement on Tariffs and Trade and later by the World Trade Organization (WTO) has proved to be an efficient instrument for the elimination of trade and tariff barriers. This process coincided with increased national regulatory controls, which were particularly visible in the area of risk regulation. Governments, responding to the demands of their domestic constituencies, have adopted a wide range of regulatory measures aimed at protecting the environment and human health. Although, for the most part, the new regulatory initiatives served legitimate objectives, it has also turned out that internal measures might become an attractive vehicle for protectionism, taking the place that was traditionally occupied by tariff barriers. The WTO Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) is an attempt by the international community to limit possible abuses while assuring WTO Members of an extensive margin of regulatory discretion. The central problem that the book tackles is whether the system established by the SPS Agreement can address the existing and potential challenges of a new interdependent world. In answering this question, the author provides a comprehensive and critical examination of the substantive provisions of the Agreement and corresponding case law. In this context, the book particularly focuses on two issues: the consistency in the interpretation of the SPS Agreement and the appropriateness of its various requirements. This analysis leads the author to conclude that despite some interpretative failures of SPS case law, the system established by the SPS Agreement seems to provide an effective solution for the supervision of domestic SPS measures

Member of

• EUI PhD theses

Cataloging source

IT-FiEUI

Date time place

Defence date: 4 October 2008

Dewey number

343.087

Dissertation note

Thesis (Ph. D.)--European University Institute (LAW), 2008.

Index

no index present

Literary form

non fiction

Nature of contents

theses

Series statement

• EUI PhD theses
• EUI theses