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The SPS Agreement and Agri-food Trade Disputes: The Final Frontier

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  • Isaac, Grant E.

Abstract

Without modification, the World Trade OrganizationÂ’s Agreement on Sanitary and Phytosanitary Measures (SPS Agreement) will become the battleground for many complex agricultural trade disputes. There are two interrelated reasons for this. The first reason is that the agreement confers on members considerable unilateral power to implement unchallengeable market access barriers to agri-food imports, provided those members have a legitimate justification to do so. The second reason is that much ambiguity continues to exist regarding what properly constitutes a legitimate justification. Therefore, modifications to the SPS Agreement are required to fully characterize a legitimate justification, thus ensuring that SPS-related market access barriers will be wielded in a manner consistent with ensuring public health while preventing unnecessary trade distortion.

Suggested Citation

  • Isaac, Grant E., 2004. "The SPS Agreement and Agri-food Trade Disputes: The Final Frontier," Estey Centre Journal of International Law and Trade Policy, Estey Centre for Law and Economics in International Trade, vol. 5(1).
  • Handle: RePEc:ags:ecjilt:23847
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    Cited by:

    1. Javelosa, Josyline C. & Schmitz, Andrew, 2006. "Costs and Benefits of a WTO Dispute: Philippine Bananas and the Australian Market," Estey Centre Journal of International Law and Trade Policy, Estey Centre for Law and Economics in International Trade, vol. 7(1).
    2. Inaba, Masaru & Nutahara, Kengo, 2009. "The role of investment wedges in the Carlstrom-Fuerst economy and business cycle accounting," Economics Letters, Elsevier, vol. 105(3), pages 200-203, December.
    3. Colyer, Dale, 2006. "The Role of Science in Trade Agreements," Estey Centre Journal of International Law and Trade Policy, Estey Centre for Law and Economics in International Trade, vol. 7(1).
    4. JINJI Naoto, 2009. "An Economic Theory of the SPS Agreement," Discussion papers 09033, Research Institute of Economy, Trade and Industry (RIETI).

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