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Article
How Deep Should We Go? Searching for an Appropriate Standard of Review in SPS Cases
European Journal of Risk Regulation (2011)
  • Lukasz A Gruszczynski, Institute of Law Studies, Polish Academy of Sciences
Abstract
Although the applicable standard of review under Articles 2.2/5.1 of the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) is not de novo, investigation by WTO panels is nevertheless quite intrusive in terms of objectivity and coherence of risk assessment. Moreover, the panel’s review does not end with the final conclusion reached by the WTO Member in its risk assessment; it also extends to the quality of the reasoning employed and the intermediate interferences that led to the conclusion. If a WTO Member relies on expert judgment in its risk assessment, this needs to be sufficiently transparent and well documented. The obligations of Articles 5.1 and 5.6 SPS are distinct and independent from each other. Thus a violation of one provision does not imply infringement of the other.
Keywords
  • SPS Agreement,
  • WTO,
  • standard of review
Publication Date
2011
Citation Information
Lukasz A Gruszczynski. "How Deep Should We Go? Searching for an Appropriate Standard of Review in SPS Cases" European Journal of Risk Regulation Vol. 1 (2011)
Available at: http://works.bepress.com/lukasz_gruszczynski/13/