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The WTO Agreement on Sanitary and Phytosanitary Measures : A Commentary
The SPS Agreement is explicit, and unique in the WTO system, in its turn to science. Motivated by fears that Members could use domestics regulation as a substitute for more traditional forms of agricultural protectionism, and by frustration at the limitations inherent in the old GATT Standards Code, the agreement posits scientific principle, scientific evidence, and risk assessment, as benchmarks according to which the lawfulness of Member State regulatory intervention will be assessed. Within the agreement, science becomes the primary basis for identifying protectionism, along with more traditional tools, such as non-discrimination.
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