International Regulatory Cooperation in the Field of Sanitary and Phytosanitary Measures: Drawing Multilateral Lessons from the Regional Dimension

2018 ◽  
pp. 231-265
Author(s):  
Svetlana Chobanova
Keyword(s):  
Regulatory Cooperation ◽  
Phytosanitary Measures

TTIP Regulatory Cooperation

2016 ◽  
Vol 7 (2) ◽  
pp. 262-268
Author(s):  
Alexia Herwig
Keyword(s):  
Burden Of Proof ◽  
Technical Barriers To Trade ◽  
Goods And Services ◽  
Detailed Explanation ◽  
Regulatory Cooperation ◽  
The Us ◽  
Regulatory Measures ◽  
Regulatory Coordination ◽  
Phytosanitary Measures ◽  
The Eu

The leaked TTIP documents reveal that the EU and US are discussing the introduction of a detailed set of procedural requirements for the adoption of regulatory measures. Default provisions are set forth in the chapter on regulatory cooperation, applicable to goods and services. More specific provisions are being negotiated in the chapters on technical barriers to trade and on sanitary and phytosanitary measures. If they conflict with the regulatory cooperation chapter, they prevail.This article analyses the regulatory cooperation chapter insofar as it pertains to trade in goods but to the exclusion of SPS matters and anything provided in the TBT chapter itself. The questions this article examines are to what extent the TTIP proposals expand upon the obligations the two parties have already taken on under WTO law and to what extent the resulting regulatory coordination is consistent withWTO law. It will be shown that the US proposals on procedure may constrain substantive regulatory discretion beyond what applies under the GATT and TBT Agreement of the WTO. It will alsobe shown that the needs to conduct trade impact assessments and a detailed explanation of the necessity of measures anticipate a legal challenge to necessity and will provide information of much use to complainants in meeting their burden of proof.

scholarly journals (Possible) impact of CETA on creation of law

2017 ◽  
Vol 1 (1) ◽  
pp. 125-132
Author(s):  
Ondrej Blažo
Keyword(s):  
Future Development ◽  
Trade Barriers ◽  
Focal Points ◽  
Legal Regime ◽  
Regulatory Cooperation ◽  
Phytosanitary Measures ◽  
The Eu

The paper brings an analysis, and possible solutions, regarding “threats” to regulatory sovereignty of the parties to the CETA. Hence technical trade barriers, sanitary and phytosanitary measures, regulatory cooperation, liberalization of services and protection of investors are focal points for estimating future development of legal regime in both the EU and Canada. The analysis assesses only “possible” impact of the CETA because it will be subject to ratification and the outcome of this process is insecure.

Methodological foundations of plant protection from dangerous pests in nurseries of fruit and berry crops

2020 ◽  
Vol 60 (1) ◽  
pp. 169-176
Author(s):  
A. S. Zeynalov
Keyword(s):  
Plant Protection ◽  
Methodological Approach ◽  
Source Material ◽  
Potential Threat ◽  
Planting Material ◽  
Berry Crops ◽  
Quality Category ◽  
Phytosanitary Measures

In the production of planting material, it is important to choose a healthy, highly productive source material, with typical varietal characteristics, and, if necessary, their disinfection), as well as reliable protection against dangerous pests at further stages of cultivation. This requires a scientifically based methodological approach and phytosanitary measures in several areas. First of all, it is required to study and classify in detail hazardous pests and pathogens, select methods for accounting and identifying in accordance with their degree of danger and the quality category of planting material. Apply comprehensive measures to prevent the entry of pests in the territory of growing planting material and timely eliminate the centers of potential threat.

Sanitary, veterinary and phytosanitary measures in the EAEU states

Vsyo o myase ◽  
2018 ◽  
pp. 16-19
Author(s):  
D.N. Osyanin ◽  
◽  
N.F. Neburchilova ◽  
I.V. Petrunina ◽  
◽  
...  
Keyword(s):  
Phytosanitary Measures

Decoding Sanitary & Phytosanitary Measures (SPS), A Transparency-based Approach

2017 ◽  
Author(s):  
Murali Kallummal ◽  
Alisha Saini ◽  
Hari Maya Gurung
Keyword(s):  
Phytosanitary Measures

A Web without a Center

2018 ◽  
Author(s):  
Peter Knaack
Keyword(s):  
Regulatory Network ◽  
Financial Stability ◽  
Public Governance ◽  
The Public ◽  
Otc Derivatives ◽  
Unilateral Action ◽  
Regulatory Cooperation ◽  
Private And Public ◽  
Legal Barriers ◽  
Global Data

G20 leaders vowed to collect and share OTC derivatives trade data so that regulators can obtain a global picture of market and risk evolution. This chapter employs a network perspective to explain why they have failed to meet this commitment to date. It examines three networks: the OTC derivatives market itself, and those of its private and public governance. The analysis shows that the Financial Stability Board (FSB), the public supervisory entity, struggles to establish itself at the center of the global regulatory network. It failed to act as a first mover in setting global trade identification standards (legal entity identifiers), and it has not been able to establish a core of global data warehouses. This is largely the result of unilateral action by FSB members. In particular, legislators in member countries have undermined FSB-led efforts by refusing to remove legal barriers to transnational regulatory cooperation and, in some instances, by erecting new ones.

European Communities —Measures Affecting the Approval and Marketing of Biotech Products. WT/DS291/R, WT/DS292/R, & WT/DS293/R

2007 ◽  
Vol 101 (2) ◽  
pp. 453-459
Author(s):  
Daniel Bodansky ◽  
Simon Lester
Keyword(s):  
World Trade ◽  
Dispute Settlement ◽  
Genetically Modified Organisms ◽  
The United States ◽  
Regulatory Regime ◽  
Panel Report ◽  
Wto Dispute Settlement ◽  
Production And Consumption ◽  
Phytosanitary Measures ◽  
Biotech Products

European Communities—Measures Affecting the Approval and Marketing of Biotech Products. WT/DS291/R, WT/DS292/R, & WT/DS293/R. At <http://www.wto.org/english/tratop_e/dispu_e/dispu_status_e.htm>.World Trade Organization Panel, September 29, 2006 (adopted November 21, 2006).In what was by far the longest panel report in the World Trade Organization’s history, a WTO panel ruled last September that various parts of the European Communities’ regulatory regime for the approval and marketing of “biotech products” (that is, products that contain, or are made from or with, genetically modified organisms (GMOs)) violated the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement). The panel report was not appealed and was adopted by the WTO Dispute Settlement Body on November 21, 2006.In recent years, a heated international debate has developed regarding the production and consumption of food made from or with GMOs. Among the key players in this debate, the United States, supported by many companies who have developed GMO-based products, has pushed for their acceptance; by contrast, the European Communities (EC) and its member states, backed by consumer groups and other activists, have tried to restrict their use through various regulations.

The Sanitary and Phytosanitary Agreement of the World Trade Organization: Debunking Its Reliance on Scientific Evidence and Reluctance to Endorse Potential Biotechnology Risks

2021 ◽  
pp. 1-17
Author(s):  
Muhammad ISLAM
Keyword(s):  
Risk Assessment ◽  
World Trade Organization ◽  
World Trade ◽  
Dispute Settlement ◽  
Scientific Evidence ◽  
Scientific Uncertainty ◽  
The World ◽  
Precautionary Measures ◽  
Phytosanitary Measures ◽  
Biotech Products

The World Trade Organization (WTO) Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) relies on scientific evidence as a conclusive risk assessment criterion, which ignores the inherent limitations of science. This article highlights certain trade-restrictive effects of scientific evidence and comments on the Agreement’s aversions to precautionary measures and the consumer concern of the harmful effects of biotech products that may be necessary to protect public health and biosecurity in many WTO Member States. These measures and concerns have become pressing issues due to surging consumer awareness and vigilance concerning environmental protection and food safety. The Agreement is yet to overcome the weaknesses of its endorsed international standardising bodies, the problematic definition of scientific evidence and treatment of justification for scientific risk assessment methods and the implementation difficulties faced by most developing states. This article analyses these issues under the provisions of the Agreement and the interpretations of the WTO Dispute Settlement Body in disputes involving SPS matters, which fall short of addressing scientific uncertainty surrounding biotech products and their associated risks.

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