Referencing: footnoting, AGLC

Bibliography: compulsory

1. Read the preamble to the SPS Agreement and Article 2(4) of the SPS Agreement carefully. How do they characterise the relationship between the SPS Agreement and Article 20(b) of the GATT?

2. In theEC-Hormones case, the Panel did not consider the parties' arguments as to whether the EC ban constituted a breach of the GATT. Instead, the Panel moved to consider whether the measure breached the SPS Agreement.

(a) Why did some WTO Members express surprise and disappointment over this approach by the Panel?

(b) Do you think it would have made a difference had the panel considered the question of a GATT breach first?

(c) How did the Panel justify its decision to move directly to address the complaints under the SPS Agreement?

3. What is a risk assessment under the provisions of theSPS Agreement? Why did the Australian risk assessment inthe Australia-Salmon case fail to satisfy these provisions?

references

https://www.wto.org/english/docs_e/legal_e/legal_e.htm

Fertilizar Regulation on permitted fertilizer residue in food and animal feed Specifications to ensure fertilizer works effecvely Specications to protect farmers from possible harm from handling fertilizer Regulation on permitted food safety: health warnings. use. dosage 'I'BT Food In balling 5P5 Regulation on size. oonstru otion fstructure. safe handling Fruit Regulation on treatment of imported fruit to prevent SP5 pests spreading Regulation on quality. grading and labelling of imported fruit Bottled water: Materials that can be used because safe for human specifications for health the bottles Requirements: no residues of disinfectant. so 1.Irrater not contaminated Permitled sizes to ensure standard 1irolumes Permitted shapes to allow stacking and displaying Cigarette packets Government health warning: "Smoking can seriously damage your health': the label's objective is health but TBT it is not about food, so it is not SP3 Figure 2: SPS or TBT? Which agreement does a measure come under? Is it food, drink or feed, and is its objective to protect one of those from these risks? human life animal life plant life a country additives, additives, pests pests entering, contaminants, contaminants, diseases establishing or toxins or toxins or disease-causing spreading disease-causing disease-causing or disease- organisms in organisms in carrying food or drink feed or drink organisms plant- or animal- diseases carried disease disease-causing or disease carrying organisms Is it a technical regulation, standard or procedure for assessing whether a product OTHER conforms with a standard? SPS TBT