2020
DOI: 10.20506/rst.39.1.3060
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World Trade Organization disputes related to animal diseases

Abstract: 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 ba… Show more

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Cited by 3 publications
(4 citation statements)
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“…However, only in seven cases did the complainant follow up to request the establishment of a panel to review the matter. These disputes have been concluded in as many reports, which provide further guidance on the applicable SPS disciplines (29).…”
Section: World Trade Organization Dispute Settlement Proceedingsmentioning
confidence: 97%
“…However, only in seven cases did the complainant follow up to request the establishment of a panel to review the matter. These disputes have been concluded in as many reports, which provide further guidance on the applicable SPS disciplines (29).…”
Section: World Trade Organization Dispute Settlement Proceedingsmentioning
confidence: 97%
“…the evaluation of the probability of disease introduction, establishment and spread, is provided in Annex A. 4 relevant inspection, sampling and testing methods; prevalence of specific diseases; and existence of disease-free areas, among others. In addition, Article 5.3 provides more detail on the economic factors to be considered in a risk assessment for disease risks.…”
Section: Risk Assessmentmentioning
confidence: 99%
“…As such, it would be expected that the exporting Member would need to know the importing Member' s ALOP in order to meet its obligations to provide the necessary evidence to objectively demonstrate its disease-free areas (14). Legal findings from the Russia -Pigs dispute, as well as other animal healthrelated disputes, are further explored by Stanton and Prakash (see Stanton and Prakash, this issue [4]).…”
Section: Make a Determinationmentioning
confidence: 99%
“…Fourteen of the 49 SPS-related formal WTO disputes initiated by members have related to animal health issues. 15…”
Section: Trade Policy and Safe Trade In Animals And Animal Productsmentioning
confidence: 99%