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Fine-Tuning Wto Jurisprudence And The Sps Agreement To Improve Trade Integration And Harmonization

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Chapter Summary

This chapter argues that the Sanitary and Physotanitary Measures (SPS) Agreement was not drafted with the intent of being an environmental treaty, and that concern about it weakening member countries' ability to protect the environment is misplaced. Further, harmonization of SPS standards is a worthy goal that should be pursued. The chapter first describes the aims and provisions of the SPS Agreement and the international organizations responsible for developing the relevant international standards. It then describes the Appellate Body's analysis of the SPS Agreement in the context of the Beef Hormones dispute. The chapter also sets out suggestions of how the Appellate Body might have more properly addressed the concerns of the SPS Agreement. Finally, it suggests ways in which future World Trade Organization (WTO) jurisprudence, as well as the SPS Agreement itself, could be improved.

Keywords: Appellate Body; Beef Hormones; international organizations; international standards; Sanitary and Physotanitary Measures (SPS) agreement; trade harmonization; World Trade Organization (WTO) jurisprudence



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