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Article
United States: Certain Measures Affecting Imports of Poultry from China – Just Another SPS Case?
European Journal of Risk Regulation (2011)
  • Lukasz A Gruszczynski, Institute of Law Studies, Polish Academy of Sciences
Abstract
The Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) may apply to budgetary measures if they are motivated by SPS concerns. Equivalence-based measures are subject to the regular disciplines of the SPS Agreement, including but not limited to Article 4 SPS. This means that WTO Members, when engaging in the recognition process, need to observe other SPS provisions such as the requirement of a scientific risk assessment (Articles 5.1-5.3) or the quasi-consistency obligation of Article 5.5. A measure which has been found inconsistent with certain provisions of the SPS Agreement (e.g. Articles 2 and 5) cannot be later justified under the general exception of Article XX(b) of GATT 1994.
Keywords
  • SPS Agreement,
  • equivalence,
  • GATT,
  • poultry,
  • China,
  • WTO
Publication Date
2011
Citation Information
Lukasz A Gruszczynski. "United States: Certain Measures Affecting Imports of Poultry from China – Just Another SPS Case?" European Journal of Risk Regulation Vol. 3 (2011)
Available at: http://works.bepress.com/lukasz_gruszczynski/9/