Chapter

Concluding Remarks

Lukasz Gruszczynski

in Regulating Health and Environmental Risks under WTO Law

Published in print March 2010 | ISBN: 9780199578924
Published online May 2010 | e-ISBN: 9780191722646 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199578924.003.0008

Series: International Economic Law Series

 Concluding Remarks

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This chapter draws some overall conclusions on the substantive disciplines of the SPS Agreement, summarizing the previous discussion alongside the three objectives of the book: the appraisal of the standards established by the SPS Agreement, assessment of the consistency of the SPS case law, and identification of the normative content of those provisions of the agreement that have not been yet addressed in SPS jurisprudence. The above analysis leads to the conclusion that despite some defects in the SPS Agreement and some failures of SPS case law, the system seems to provide a generally coherent and effective mechanism for supervising national SPS regulations that is capable of addressing controversial disputes in a sensible manner. Consequently, no paradigm shift is required in the field and the majority of the problems identified can be addressed through more sophisticated interpretation of the agreement.

Keywords: level of protection; scientific evidence; interpretation; risk management; science and law; SPS Agreement

Chapter.  5967 words. 

Subjects: Public International Law

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