Legal Material

India — Agricultural Products, United States v India, Panel Report, WT/DS430/R, ITL 121 (WTO 2014), 14th October 2014, World Trade Organisation [WTO]; Panel Reports



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Whether the international standards concerning an infectious disease could have been construed to permit countries to impose country-wide bans on the import of relevant products and consequently, if a state’s measures were ‘based on’ or ‘conform[ed] to’ such international standards for the purposes of Articles 3.1 and 3.2 of the Agreement on the Application of Sanitary and Phytosanitary Measures (the ‘SPS Agreement’).

Whether a state’s disease control measures arbitrarily or unjustifiably discriminated between members of an international organization where similar conditions prevailed in that state and other members, for the purposes of Article 2.3 of the SPS Agreement.

Whether the evidence on record supported a state’s assertion that the appropriate level of protection for sanitary protection in the instant case was ‘zero tolerance’, for the purposes of Article 5.6 of the SPS Agreement.

The relationship between and Articles 2.2 and 5.6 of the SPS Agreement. In particular, whether an inconsistency with Article 5.6 implied an inconsistency with Article 2.2.

The relationship between paragraphs 1 and 3 of Article 6 of the SPS Agreement. In particular, whether were Articles 6.1 and 6.2 of the SPS Agreement were contingent on Article 6.3 of the SPS Agreement being triggered in the first place.

Keywords: Safeguards; Non-discrimination; Ordinary meaning (treaty interpretation and)

Legal Material.  142202 words. 

Subjects: Public International Law ; International Law ; Law

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