Chris Downes's The Impact of WTO SPS Law on EU Food Regulations PDF

By Chris Downes

This publication brings a clean viewpoint at the rising box of foreign nutrients legislations with the 1st precise research of the method and implications of family compliance with the area alternate company (WTO) Sanitary and Phytosanitary (SPS) contract. It investigates the impact of WTO disciplines at the family policy-making strategy and examines the level to which overseas exchange legislation determines eu Union (EU) meals regulations.

Following debatable WTO rulings on genetically-modified meals and progress hormones in pork, knowledge and feedback of world principles governing nutrients has grown significantly. but the genuine impression of this foreign felony meta-framework on family laws has remained imprecise to practitioners and mostly unexplored via felony commentators. This e-book examines the emergence of transnational governance practices set in movement by way of the SPS contract and their function in facilitating agricultural alternate. In so doing, it enhances and demanding situations traditional bills of the SPS regime ruled by means of research of WTO disputes.

It experiences criminal statement of the SPS contract to appreciate why WTO ideas are so often characterized as an important risk to household nutrition coverage personal tastes. It then takes on those assumptions via an in-depth overview of nutrients rules and decision-making practices within the european, revealing either the aptitude and bounds of WTO legislation to form ecu regulations. It eventually examines very important venues for the iteration of worldwide meals norms – the WTO SPS Committee and Codex Alimentarius – to guage the perform and value of transnational governance during this area. via targeted case stories together with novel meals, nutrition ingredients, diet and mineral vitamins and transparency and equivalence methods, this booklet presents a richer account of compliance and exposes the delicate, yet vital impact of WTO obligations.

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Extra info for The Impact of WTO SPS Law on EU Food Regulations

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While the investigation of the former may reveal something of the latter (and vice versa), the nature of the enquiry will differ significantly according to this third dimension, the evaluative perspective adopted. The seemingly simple question posed above thus spans three complex issues: how does law really influence state behaviour, what should we be evaluating and how? This chapter examines the main alternatives available to analysts in each of the three dimensions identified. In so doing, it sets out a taxonomy of analytical choices, using which we can start to characterise and categorise existing legal study of the SPS Agreement.

Soft Law: Alternatives, Complements, and Antagonists in International Governance’ (2010) 94 Minnesota Law Review 706. 1. 16 For an extensive discussion on the legal status of SPS decisions, see J Scott, The WTO Agreement on Sanitary and Phytosanitary Measures. A Commentary (Oxford, OUP, 2007) 70–72. 17 VCLT Art 31(1). This was the approach taken by the EC—Biotech panel, for example, in defining ‘pests’. 238. For a critique of the Panel’s methods in this respect, see MA Young, ‘The WTO’s Use of Relevant Rules of International Law: An Analysis of the Biotech Case’ (2007) 56 ICLQ 907, 918.

The Committee’s work in this area has been unclear from the outset, not least as a similar (albeit largely unused) ‘acceptance procedure’ was already in place within Codex Alimentarius. Members 118 ibid para 92 (noting also that the resolution of other issues may have occurred without being reported to the Committee). 2 have advanced, but the discussed procedure has not yet been adopted by the Committee. 7 (9 September 2013) for the latest recommendation. 120 Through this process, Members ‘arrive at settled (though not necessarily authoritative from the point of view of dispute settlement bodies) understandings’.

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