Although the applicable standard of review under Articles 2.2/5.1 of the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) is not de novo, investigation by WTO panels is nevertheless quite intrusive in terms of objectivity and coherence of risk assessment....

The Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) may apply to budgetary measures if they are motivated by SPS concerns. Equivalence-based measures are subject to the regular disciplines of the SPS Agreement, including but not limited to Article 4 SPS. This...

This article attempts to present a comprehensive and coherent picture of the position occupied by science under the SPS Agreement and in the SPS case law. It claims that the approach adopted by the Appellate Body reflects the explicit language of the SPS Agreement and is predominantly based on a...

This article analyses the EC general system of preferences, concentrating on its Sustainable Development and Good Governance (GSP Plus) section. In particular an attempt is made to assess the conformity of GSP Plus with the international obligations imposed by law of the World Trade Organization...

In this article Lukasz Gruszczynski argues that there are good grounds for considering the Guidelines to the Framework Convention on Tobacco Control (‘FCTC’) relevant international standards under the Agreement on Technical Barriers to Trade (‘TBT Agreement’). The structure of the...

Participation of scientific experts has become a characteristic feature of contemporary decision-making and adjudication processes. The prominent role played by experts is not limited to the national level; in fact it is probably even more important at the international niveau, where their...

This chapter discusses the basic obligations for national product safety regulations imposed by the TBT Agreement, and gives a general picture of the rules on technical standards that are applicable in the relations between China and its trading partners. The first section defines the scope of...