The Impact of WTO SPS Law on EU Food Regulations - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Impact of WTO SPS Law on EU Food Regulations write by Chris Downes. This book was released on 2014-03-20. The Impact of WTO SPS Law on EU Food Regulations available in PDF, EPUB and Kindle. This book brings a fresh perspective on the emerging field of international food law with the first detailed analysis of the process and implications of domestic compliance with the World Trade Organisation (WTO) Sanitary and Phytosanitary (SPS) Agreement. It investigates the influence of WTO disciplines on the domestic policy-making process and examines the extent to which international trade law determines European Union (EU) food regulations. Following controversial WTO rulings on genetically-modified foods and growth hormones in beef, awareness and criticism of global rules governing food has grown considerably. Yet the real impact of this international legal meta-framework on domestic regulations has remained obscure to practitioners and largely unexplored by legal commentators. This book examines the emergence of transnational governance practices set in motion by the SPS Agreement and their role in facilitating agricultural trade. In so doing, it complements and challenges conventional accounts of the SPS regime dominated by analysis of WTO disputes. It reviews legal commentary of the SPS Agreement to understand why WTO rules are so commonly characterised as a significant threat to domestic food policy preferences. It then takes on these assumptions through an in-depth review of food policies and decision-making practices in the EU, revealing both the potential and limits of WTO law to shape EU policies. It finally examines two important venues for the generation of global food norms – the WTO SPS Committee and Codex Alimentarius – to evaluate the practice and significance of transnational governance in this domain. Through detailed case studies including novel foods, food additives, vitamin and mineral supplements and transparency and equivalence procedures, this book provides a richer account of compliance and exposes the subtle, but important influence of WTO obligations.
Food Safety Standards in International Trade
Food Safety Standards in International Trade - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Food Safety Standards in International Trade write by Onsando Osiemo. This book was released on 2016-09-15. Food Safety Standards in International Trade available in PDF, EPUB and Kindle. Food safety has become a major concern for consumers in the developed world and Europe in particular. This has been highlighted by the recent spate of food scares ranging from the BSE (mad cow) crisis to Chinese melamine contamination of baby formula. To ensure food safety throughout Europe, stringent food safety standards have been put in place ‘from farm to fork’. At the same time, poor African countries in the COMESA rely on their food exports to the European market to achieve their development goals yet have difficulty meeting the EU food safety standards. This book examines the impact of EU food safety standards on food imports from COMESA countries. It also critically examines both EU and COMESA food safety standards in light of the WTO SPS Agreement and the jurisprudence of the WTO panels and Appellate Body. The book makes ground-breaking proposals on how the standards divide between the EU and the COMESA can be bridged and discusses the impact of EU food safety standards on food imports from poor African countries.
Regulating food law
Regulating food law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Regulating food law write by Anna Szajkowska. This book was released on 2023-09-04. Regulating food law available in PDF, EPUB and Kindle. Animal cloning, nanotechnology, and genetic modifications are all examples of recent controversies around food regulation where scientific evidence occupies a central position. This book provides a fresh perspective on EU scientific food safety governance by offering a legal insight into risk analysis and the precautionary principle, positioned as general principles of EU food law. To explain what the science-based requirement means in EU multi-level governance, this book places these principles in the legislative dynamics of the EU internal market and the meta-framework of the international trade regime established by the WTO. Numerous examples of the case-law of European Courts show implications of risk analysis and science-based food law for EU and national decision makers, as well as food businesses. This book focuses on the crucial aspects of the risk analysis methodology. It redefines the precautionary principle and clarifies its scope of application. It analyses the extent to which non-scientific factors, such as consumers' risk perception, local traditions or ethical considerations, can be taken into account at national and EU level. This book argues that, compared to EU institutions, the autonomy allocated to national authorities is much more limited, which raises questions about the legitimacy of food safety governance in the EU.
International Trade and Health Protection
International Trade and Health Protection - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook International Trade and Health Protection write by Tracey Epps. This book was released on 2008-01-01. International Trade and Health Protection available in PDF, EPUB and Kindle. This detailed and fully referenced text is a valuable resource both for practitioners and academics. Michael Blakeney, International Trade Law and Regulation Interspersing law with societal context, this volume by Dr Epps stands out among WTO analysis. The author offers a delightfully balanced view on the nature and origin of SPS measures (including references to history) whilst at the same time mastering the hard law of the SPS Agreement in detail. Practitioners will enjoy the detailed analysis of WTO dispute settlement. A reference book for practice and academia, and also a very, very good read. Geert Van Calster, Katholieke Universiteit, Leuven, Belgium This book examines and critiques the WTO s Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement), asking whether it strikes an appropriate balance between conflicting domestic health protection and trade liberalization objectives. It pays particular attention to situations likely to occur but not yet fully examined either in the literature or in WTO law; most importantly, where public opinion demands regulation in the face of scientific uncertainty as to the existence or otherwise of a health risk. Tracey Epps concludes that the SPS Agreement s science-based framework is capable of dealing with the differing objectives of health and trade, and that it provides countries with more flexibility to respond to scientific uncertainties and public sentiment than many critics contend. This conclusion is strongly influenced by a positive analysis of domestic regulatory decision-making, which finds potential for regulatory capture by domestic protectionist interests and thus emphasizes the importance of ensuring that decisions are made on a sound and principled basis. Including a historical overview of disputes over trade and health since the 1800s, this book provides a comprehensive analysis of and new perspective on an important area of intersection between international trade law and domestic policy. It will be of interest to a wide-ranging audience including legal and non-legal academics, policy makers and analysts in the field of risk regulation, trade law practitioners in governments, and lawyers and analysts in international institutions.
Impact of WTO Law on European Food Regulation
Impact of WTO Law on European Food Regulation - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Impact of WTO Law on European Food Regulation write by Marco Bronckers. This book was released on 2015. Impact of WTO Law on European Food Regulation available in PDF, EPUB and Kindle. Food occupies a central role within the World Trade Organization (WTO), certainly where litigation is concerned. By way of illustration, a cursory read of WTO disputes initiated by Members to date reveals the existence of a veritable dispute settlement 'menu': WTO tribunals have entertained cases on beef (conventional and hormone-treated), chicken, lamb, salmon, sardines, scallops, and shrimp. Disputes of a more vegetarian-friendly nature have focused on apples, butter, bananas, coconuts, corn syrup, dairy products, GMO maize, GMO oilseed rape, GMO soybeans, GMO sugar beets, grains, laver, peaches, rice, sugar, wheat, and wheat gluten. To complete this menu, WTO tribunals have also heard disputes on alcoholic beverages and soft drinks. Food disputes that failed to reach WTO tribunal stages, because of a last minute settlements, have ranged from edible oils and coffee to macaroni. All in all, over a third of the more than 380 disputes initiated since WTO's inception in 1955 have involved food. No product category other than 'metals' comes close. These WTO disputes have involved a wide variety of food-related measures. In this article, we focus on the WTO disciplines relating to domestic regulation. In part II we will first explain how WTO Members like the EU try to position their food regulations so as to attract the seemingly more flexible (the 'TBT' as opposed to the 'SPS' regime). We will argue that many of these attempts may ultimately prove to be illusory. Next, we will illustrate the WTO-legal issues that can be presented by labelling regulations, which continue to be controversial but so far have largely escaped WTO litigation. In part III, we will sketch how private food interests can appeal to WTO law principles to resist unnecessary or undesirable food regulation in the EU. While denying 'direct effect' to WTO obligations, the European courts have found more subtle ways to give domestic law effect to WTO rules at the request of private parties.
