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Four trade disputes concerning animal diseases have undergone the formal dispute resolution procedure of the World Trade Organization (WTO). These cases clarify a number of provisions of the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement). A national measure that contradicts a standard set by the World Organisation for Animal Health (OIE), for example by prohibiting a product that is permitted under the OIE standard, is not 'based on' that standard. Such a measure must be based on an appropriate risk assessment. For animal diseases, this means not only assessing the likelihood of entry, establishment or spread of the disease, and the associated biological and economic consequences, but also assessing each feasible mitigation measure. Any mitigation measure imposed must be rationally supported by the risk assessment. A highly trade-restrictive measure, such as a ban, is more easily justified if the identified risk is high. A measure imposed to protect health cannot impose stricter requirements on one product than on another with a similar level of risk. A WTO Member acts inconsistently with the SPS Agreement if an alternative measure, which is technically and economically feasible and restricts trade less, would achieve the desired level of protection. Countries must adapt their SPS requirements to reflect the disease risk of the area or zone from which a product comes and for which it is destined. Procedures to assess risk and determine the disease status of a region must be completed without unjustified delays, and only the information necessary for this can be requested of the exporter. KeywordsAgreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) -Animal health -Disease-free areas -Dispute settlement -International standard -Risk assessment -World Trade Organization (WTO).

The University of Adelaide Press publishes externally refereed scholarly books by staff of the University of Adelaide. It aims to maximise the accessibility to its best research by publishing works through the internet as free downloads and as high quality printed volumes on demand. This book is a facsimile re-publication. Some minor errors may remain. Originally published by the

, at a meeting in Punta del Este, Uruguay, a new round of multilateral trade negotiations began. Agriculture was identified as one of the key sectors of concern in these negotiations under the General Agreement on Tariffs and Trade (GATT). This paper seeks to explain the need for negotiations in the agricultural sector, and identifies the key issues and positions before the negotiators. Prospects for the outcome of the negotiation are also examined. Agriculture in the GATT The GATT was established in 1947 by 23 countries agreeing to subscribe to a set of rules for international trade. At the same time, it established a forum for the discussion and resolution of trade problems, and for periodic multilateral negotiations to liberalize trade. Today, the GATT has 96 members (several of whom have only recently joined) and its rules are applied on a de facto basis by an additional 31 countries. GATT rules are supposed to apply to trade in all goods, agricultural and industrial. Its basic premise is equal treatment for national and imported goods, and non-discriminatory treatment among

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