A Critical Assessment of the WTO’s SPS Agreement
- Elgar International Economic Law series
Chapter 12: The Facts of the Health Cases
12. The facts of the health cases 12.1 INTRODUCTION This chapter provides an overview of cases concerning health regulations decided under the GATT and SPS Agreement and discusses the tensions between health and trade objectives that arise in them. It will be recalled that Chapter 6 sorted cases involving disputes over SPS measures into a typology based on a traffic light analogy, with the colour amber being assigned to cases where health and trade objectives conflict. A number of the health-related disputes that have been adjudicated in the WTO to date can be classified as amber, although some might also be classified as green (serious risk to health) or red (clear case of protectionism). To recap, while cases classified as amber overlap and are not exclusive, at least six possible categories can be identified, namely, cases where: (1) risks are of high probability but not serious; (2) risks are of low probability and not serious; (3) risks are of low probability but are serious; (4) public risk perceptions differ from expert risk perceptions; (5) there is unresolved scientific uncertainty; and (6) there are mixed motives for regulation. The cases are shown and classified in Table 12.1. The classification is not intended to be definitive and all cases are classified under different headings simultaneously. Cases are classified according to how the facts as set out in the parties’ submissions would have looked on their face as this is how panels would have first had to approach their task of adjudication. However,...
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.