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Contribution to Book
SPS Measures Adopted in Case of Insufficiency of Scientific Evidence – Where Do We Stand after EC-Biotech Products Case?
Essays on the Future of World Trade Organization (2008)
  • Lukasz A Gruszczynski, European University Institute
Abstract
This article analyzes the disciplines established by Article 5.7 of the Agreement on the Application of Sanitary and Phytosanitary Measures. The analysis is based both on the text of the SPS Agreement as well as on the existing case law with the special consideration given to the panel’s ruling in EC – Biotech Products. The article criticizes the approach of the case law to the issue of applicability of Article 5.7 as it confuses the applicability with the consistency. The article argues that it is more appropriate to view the SPS Agreement as providing for three mutually exclusive paths of compliance (i.e. Articles 3.1, 3.3 and 5.7). On the substantive level, the article points out the deficiencies of panel’s approach to insufficiency of scientific evidence (insufficiency as the absolute term). This article claims, consistently with the case law under Article 2.2, that the task of a panel under Article 5.7 should be limited to the assessment of plausibility of scientific opinions on sufficiency of scientific evidence rather than deciding which scientific view is better. The article also recognizes several issues that still need to be resolved under Article 5.7 (the extent of the exclusion under Article 2.2, meaning of pertinent information, applicable standard of Article 5.7, second sentence). In this context, the article discusses possible interpretations.
Keywords
  • SPS Agreement,
  • risk assessment,
  • law and science,
  • uncertainty,
  • GMO,
  • WTO
Disciplines
Publication Date
June, 2008
Editor
Julien Chaisse & Tiziano Balmelli
Publisher
Editions Interuniversitaires Suisses EDIS
ISBN
2-940341-09-5
Citation Information
Lukasz A Gruszczynski. "SPS Measures Adopted in Case of Insufficiency of Scientific Evidence – Where Do We Stand after EC-Biotech Products Case?" Lausanne/Berne/ LuganoEssays on the Future of World Trade Organization Vol. 2 (2008)
Available at: http://works.bepress.com/lukasz_gruszczynski/1/