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Non-Economic Justification Provisions In The SPS Agreement

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Chapter Summary

Th e SPS Agreement provides a multilateral framework of rules for the development, adoption and use of sanitary and phytosanitary measures ("SPS measures"). This chapter examines how non-economic objectives that is, the protection of human, animal or plant life or health, are incorporated in the SPS Agreement. It not only examines the relevant substantive provisions of the SPS Agreement, it also highlights the conceptual differences that exist in comparison to general agreement on tariffs and trade (GATT) and general agreement on trade in services (GATS). The SPS Agreement does not operate in isolation from other World Trade Organization (WTO) agreements. It needs to be viewed and interpreted in the context of GATT and the TBT Agreement, both of which are multilateral agreements on trade in goods.

Keywords: GATS; GATT; non-economic objectives; phytosanitary measures; sanitary measures; SPS agreement; World Trade Organization (WTO) system



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