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Regulating Health and Environmental Risks under WTO LawA Critical Analysis of the SPS Agreement$
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Lukasz Gruszczynski

Print publication date: 2010

Print ISBN-13: 9780199578924

Published to Oxford Scholarship Online: May 2010

DOI: 10.1093/acprof:oso/9780199578924.001.0001

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Concluding Remarks

Concluding Remarks

Chapter:
(p.271) 7 Concluding Remarks
Source:
Regulating Health and Environmental Risks under WTO Law
Author(s):

Lukasz Gruszczynski

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199578924.003.0008

This chapter draws some overall conclusions on the substantive disciplines of the SPS Agreement, summarizing the previous discussion alongside the three objectives of the book: the appraisal of the standards established by the SPS Agreement, assessment of the consistency of the SPS case law, and identification of the normative content of those provisions of the agreement that have not been yet addressed in SPS jurisprudence. The above analysis leads to the conclusion that despite some defects in the SPS Agreement and some failures of SPS case law, the system seems to provide a generally coherent and effective mechanism for supervising national SPS regulations that is capable of addressing controversial disputes in a sensible manner. Consequently, no paradigm shift is required in the field and the majority of the problems identified can be addressed through more sophisticated interpretation of the agreement.

Keywords:   level of protection, scientific evidence, interpretation, risk management, science and law, SPS Agreement

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