3. Why was the ECs measure found not to be based on a risk assessment, under Article...
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3. Why was the EC’s measure found not to be based on a risk assessment, under Article 5.1 of the SPS Agreement? According to the Appellate Body, does a ‘risk assessment’ as defined in Annex A.4 of the SPS Agreement require that the probability that the risk will occur be quantified, and that the only risks arising in controlled laboratory conditions be considered? May a Member base its SPS measure on a risk assessment reflecting a minority scientific opinion? For a measure to be ‘based on’ a risk assessment, is it sufficient to show that the risk assessment was considered when the measure was adopted?
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The Law And Policy Of The World Trade Organization Text Cases And Materials
ISBN: 9781108478205
5th Edition
Authors: Peter Van Den Bossche, Werner Zdouc
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