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The future of SPS governance : SPS-Plus or SPS-Minus?
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Wagner, Markus (2017) The future of SPS governance : SPS-Plus or SPS-Minus? Journal of World Trade, 51 (3). pp. 445-469. ISSN 1011-6702 .
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Official URL: http://www.kluwerlawonline.com/abstract.php?id=TRA...
Abstract
Food safety plays an increasingly important role in today’s interdependent trading relations. The existing multilateral rules embodied in the World Trade Organization (WTO) Agreement on the Application of Sanitary and Phytosanitary Measures are increasingly being supplemented through a series of bilateral and multilateral agreements. Unlike debates surrounding intellectual property rights however, the negotiations concerning sanitary and phytosanitary (SPS) rules in preferential trade agreements are rarely analyzed in a systematic and detailed manner. The article uses the SPS Chapter negotiated for purposes of the Trans-Pacific Partnership Agreement (TPPA) as a model for the future of SPS governance and compares it to the existing disciplines under the SPS Agreement. While the future of the TPPA in its current iteration may be in doubt, the US has clearly posited its SPS Chapter as a blueprint for future SPS governance. While the SPS Chapter contains some procedural advances in SPS governance, its substantive rules – or lack thereof – are not only at odds with the existing SPS regime, exhibit a flawed understanding of scientific enquiry and how to deal with the uncertainty inherent therein.
Item Type: | Journal Article | ||||||
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Divisions: | Faculty of Social Sciences > School of Law | ||||||
Journal or Publication Title: | Journal of World Trade | ||||||
Publisher: | Kluwer Law International | ||||||
ISSN: | 1011-6702 | ||||||
Official Date: | 2017 | ||||||
Dates: |
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Volume: | 51 | ||||||
Number: | 3 | ||||||
Page Range: | pp. 445-469 | ||||||
Status: | Peer Reviewed | ||||||
Publication Status: | Published | ||||||
Access rights to Published version: | Restricted or Subscription Access | ||||||
Date of first compliant deposit: | 9 March 2017 | ||||||
Date of first compliant Open Access: | 20 June 2017 |
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