Hormones, Risk Management, Precaution and Protectionism: An Analysis of the Dispute on Hormone-Treated Beef between the European Union and the United States
The first commercial dispute settled by the WTO under the Sanitary and Phytosanitary Agreement concerned the disagreement between the European Communities and the United States over the European import ban on meat and meat products derived from cattle to which hormones have been administered for growth promotion purposes. The purpose of this paper is twofold: First, we analyse the WTO's approach to the notion of risk in the use of hormones and the role this played in reaching its decision to declare the EC ban on hormone-treated beef imports inconsistent with its obligations under the Sanitary and Phytosanitary Agreement. Second, we discuss the way in which the precautionary principle has been dealt with in the settlement of this conflict. We then show how this dispute has paved the way to a debate on the concept of protectionism to be applied in this kind of dispute. The European Commission in a recent communication on the precautionary principle has launched this debate
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Volume (Year): 14 (2002)
Issue (Month): 2 (September)
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- Bureau, Jean-Christophe & Marette, Stephan & Schiavina, Alessandra, 1998. "Non-tariff Trade Barriers and Consumers' Information: The Case of the EU-US Trade Dispute over Beef," European Review of Agricultural Economics, Foundation for the European Review of Agricultural Economics, vol. 25(4), pages 437-462.
- Roberts, Donna, 1998. "Preliminary Assessment of the Effects of the WTO Agreement on Sanitary and Phytosanitary Trade Regulations," Journal of International Economic Law, Oxford University Press, vol. 1(3), pages 377-405, September.
- Kinsey, Jean, 1993. "GATT and the economics of food safety," Food Policy, Elsevier, vol. 18(2), pages 163-176, April.
- Mahe, Louis-Pascal, 1997. "Environment and Quality Standards in the WTO: New Protectionism in Agricultural Trade? A European Perspective," European Review of Agricultural Economics, Foundation for the European Review of Agricultural Economics, vol. 24(3-4), pages 480-503.
- Jeff Waincymer, 1998. "International economic law and .the interface between trade and environmental regulation," The Journal of International Trade & Economic Development, Taylor & Francis Journals, vol. 7(1), pages 3-38.
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