American University
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The precautionary principle in the SPS Agreement: Risk management, public participation and a new standard of review

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posted on 2023-09-06, 03:41 authored by Sun Young Oh

This dissertation provides a comprehensive critique of the WTO regime regarding applicability of the precautionary principle to trade-restrictive measures, especially within the Sanitary and Phytosanitary Agreement ("SPS"), and seeks to reconcile the science-based requirements of the WTO with the need to reflect public sentiment in the domestic decision-making processes. In order to maintain a sensible balance between health and environment protection and trade liberalization, this dissertation proposes a re-interpretation of the key provisions of the SPS Agreement to show that the precautionary principle is indeed consistent with its rules. It suggests the consideration of non-scientific factors in science-dictated risk analysis through the incorporation of risk management, and promotes public participation and awareness in decision-making based on a model exemplified in the Cartagena Protocol. A "fair and reasonable" standard of review is also proposed, which allows a more flexible interpretation of the SPS Agreement towards the precautionary principle in order to respond to public sentiment in the face of scientific uncertainty.



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Source: Dissertation Abstracts International, Volume: 71-08, Section: A, page: 3029.; Adviser: Perry Wallace.; Thesis (S.J.D.)--American University, 2010.


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