Continued Suspense : EC-Hormones and WTO Disciplines on Discrimination and Domestic Regulation: Appellate Body Reports: Canada/United States--Continued Suspension of Obligations in the EC-Hormones Dispute, WT/DS320/AB/R,WT/DS321/AB/R, Adopted 14 November 2008

Based on the reasoning of the Appellate Body in Canada/United States--Continued Suspension of Obligations in the EC-Hormones Dispute ('Continued Suspension'), this paper analyzes the distinction between the national-treatment obligation under Article III of GATT and the requirement under t...

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Main Authors:	Hoekman, Bernard, Trachtman, Joel
Format:	Journal Article
Language:	EN
Published:	2012
Subjects:	Trade Policy International Trade Organizations F130 International Law K330 Agricultural R&D Agricultural Technology Agricultural Extension Services Q160 Agriculture in International Trade Q170 Agricultural Policy Food Policy Q180
Online Access:	http://hdl.handle.net/10986/5843

id	okr-10986-5843
recordtype	oai_dc
spelling	okr-10986-58432021-04-23T14:02:23Z Continued Suspense : EC-Hormones and WTO Disciplines on Discrimination and Domestic Regulation: Appellate Body Reports: Canada/United States--Continued Suspension of Obligations in the EC-Hormones Dispute, WT/DS320/AB/R,WT/DS321/AB/R, Adopted 14 November 2008 Hoekman, Bernard Trachtman, Joel Trade Policy International Trade Organizations F130 International Law K330 Agricultural R&D Agricultural Technology Agricultural Extension Services Q160 Agriculture in International Trade Q170 Agricultural Policy Food Policy Q180 Based on the reasoning of the Appellate Body in Canada/United States--Continued Suspension of Obligations in the EC-Hormones Dispute ('Continued Suspension'), this paper analyzes the distinction between the national-treatment obligation under Article III of GATT and the requirement under the Agreement on Sanitary and Phytosanitary (SPS) Measures that such measures be based on a risk assessment that takes into account available scientific evidence. The Appellate Body's reasoning makes clear that the primary purpose of the SPS Agreement is to discipline discriminatory regulation, and not the level of protection. We argue that the case clarifies that de facto protection (market segmentation) created by an SPS measure must be motivated by demonstrating that the measure is addressing a market failure, as reflected in the existence of some scientific basis for a health or safety concern. The scientific-basis requirement is a means for determining the intent of an SPS measure. While this is a factor that is ostensibly not relevant in GATT national-treatment cases, the need for scientific justification is not a move away from a concern with preventing illegitimate discrimination against imported products. 2012-03-30T07:34:48Z 2012-03-30T07:34:48Z 2010 Journal Article World Trade Review 14747456 http://hdl.handle.net/10986/5843 EN http://creativecommons.org/licenses/by-nc-nd/3.0/igo World Bank Journal Article Canada United States
repository_type	Digital Repository
institution_category	Foreign Institution
institution	Digital Repositories
building	World Bank Open Knowledge Repository
collection	World Bank
language	EN
topic	Trade Policy International Trade Organizations F130 International Law K330 Agricultural R&D Agricultural Technology Agricultural Extension Services Q160 Agriculture in International Trade Q170 Agricultural Policy Food Policy Q180
spellingShingle	Trade Policy International Trade Organizations F130 International Law K330 Agricultural R&D Agricultural Technology Agricultural Extension Services Q160 Agriculture in International Trade Q170 Agricultural Policy Food Policy Q180 Hoekman, Bernard Trachtman, Joel Continued Suspense : EC-Hormones and WTO Disciplines on Discrimination and Domestic Regulation: Appellate Body Reports: Canada/United States--Continued Suspension of Obligations in the EC-Hormones Dispute, WT/DS320/AB/R,WT/DS321/AB/R, Adopted 14 November 2008
geographic_facet	Canada United States
relation	http://creativecommons.org/licenses/by-nc-nd/3.0/igo
description	Based on the reasoning of the Appellate Body in Canada/United States--Continued Suspension of Obligations in the EC-Hormones Dispute ('Continued Suspension'), this paper analyzes the distinction between the national-treatment obligation under Article III of GATT and the requirement under the Agreement on Sanitary and Phytosanitary (SPS) Measures that such measures be based on a risk assessment that takes into account available scientific evidence. The Appellate Body's reasoning makes clear that the primary purpose of the SPS Agreement is to discipline discriminatory regulation, and not the level of protection. We argue that the case clarifies that de facto protection (market segmentation) created by an SPS measure must be motivated by demonstrating that the measure is addressing a market failure, as reflected in the existence of some scientific basis for a health or safety concern. The scientific-basis requirement is a means for determining the intent of an SPS measure. While this is a factor that is ostensibly not relevant in GATT national-treatment cases, the need for scientific justification is not a move away from a concern with preventing illegitimate discrimination against imported products.
format	Journal Article
author	Hoekman, Bernard Trachtman, Joel
author_facet	Hoekman, Bernard Trachtman, Joel
author_sort	Hoekman, Bernard
title	Continued Suspense : EC-Hormones and WTO Disciplines on Discrimination and Domestic Regulation: Appellate Body Reports: Canada/United States--Continued Suspension of Obligations in the EC-Hormones Dispute, WT/DS320/AB/R,WT/DS321/AB/R, Adopted 14 November 2008
title_short	Continued Suspense : EC-Hormones and WTO Disciplines on Discrimination and Domestic Regulation: Appellate Body Reports: Canada/United States--Continued Suspension of Obligations in the EC-Hormones Dispute, WT/DS320/AB/R,WT/DS321/AB/R, Adopted 14 November 2008
title_full	Continued Suspense : EC-Hormones and WTO Disciplines on Discrimination and Domestic Regulation: Appellate Body Reports: Canada/United States--Continued Suspension of Obligations in the EC-Hormones Dispute, WT/DS320/AB/R,WT/DS321/AB/R, Adopted 14 November 2008
title_fullStr	Continued Suspense : EC-Hormones and WTO Disciplines on Discrimination and Domestic Regulation: Appellate Body Reports: Canada/United States--Continued Suspension of Obligations in the EC-Hormones Dispute, WT/DS320/AB/R,WT/DS321/AB/R, Adopted 14 November 2008
title_full_unstemmed	Continued Suspense : EC-Hormones and WTO Disciplines on Discrimination and Domestic Regulation: Appellate Body Reports: Canada/United States--Continued Suspension of Obligations in the EC-Hormones Dispute, WT/DS320/AB/R,WT/DS321/AB/R, Adopted 14 November 2008
title_sort	continued suspense : ec-hormones and wto disciplines on discrimination and domestic regulation: appellate body reports: canada/united states--continued suspension of obligations in the ec-hormones dispute, wt/ds320/ab/r,wt/ds321/ab/r, adopted 14 november 2008
publishDate	2012
url	http://hdl.handle.net/10986/5843
_version_	1764396513238188032

Continued Suspense : EC-Hormones and WTO Disciplines on Discrimination and Domestic Regulation: Appellate Body Reports: Canada/United States--Continued Suspension of Obligations in the EC-Hormones Dispute, WT/DS320/AB/R,WT/DS321/AB/R, Adopted 14 November 2008

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