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Journal of International Economic Law 1998 1(3):377-405; doi:10.1093/jiel/1.3.377
© 1998 by Oxford University Press
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Preliminary assessment of the effects of the WTO agreement on sanitary and phytosanitary trade regulations

D Roberts

Economic Research Service, US Department of Agriculture (USDA), US Trade Representative's Mission to the World Trade Organization (WTO), Geneva, Switzerland

Sanitary and phytosanitary (SPS) measures that regulate movement of products across international borders are necessary to protect public health or the environment, but may also be used to protect domestic producers from international competition. The recent WTO Agreement on the Application of SPS Measures aims to create a set of multilateral trade rules which allows the legitimate use of trade regulations for health and environmental protection, while disallowing their use for mercantilist regulatory protectionism. This paper examines WTO jurisprudence, negotiated settlements of formal complaints, and unilateral implementation of Agreement's provisions since its entry into force to evaluate whether and how the Agreement has served the interests of the world trading system.


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