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India — Agricultural Products, India v United States, Appellate Body Report, WT/DS430/AB/R, WT/DS430, ITL 122 (WTO 2015), 4th June 2015, World Trade Organisation [WTO]; Appellate Body

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Whether seeking clarification from the World Organisation for Animal Health (‘OIE’) or according any weight to the OIE’s explanation to the OIE’s Terrestrial Animal Health Code, was inconsistent with the Panel’s duties under Articles 11 and 13 of the Understanding on Rules and Procedures Governing the Settlement of Disputes, Annex 2, of the Agreement Establishing the World Trade Organization and Article 11.2 of the Agreement on the Application of Sanitary and Phytosanitary Measures (‘SPS Agreement’).

Whether the Panel erred in its determination that a state’s disease control measures were inconsistent with Article 5.6 of the SPS Agreement since a second state had failed to fulfil its burden of proving prima facie inconsistency.

The relationship between Articles 2.2 and 5.6 of the SPS Agreement.

Whether Article 6.3 of the SPS Agreement was a triggering event for the obligations under Articles 6.1 and 6.2 of the SPS Agreement to come into effect.

Keywords: Burden of proof; Expert evidence; Safeguards; Official interpretations by the parties; Ordinary meaning (treaty interpretation and)

Legal Material.  99208 words. 

Subjects: Public International Law ; International Law ; Law

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