American University
Browse
thesesdissertations_6210_OBJ.pdf (5.82 MB)

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

Download (5.82 MB)
thesis
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.

History

Publisher

ProQuest Dissertations & Theses

Language

English

Notes

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

Handle

http://hdl.handle.net/1961/thesesdissertations:6210

Media type

application/pdf

Access statement

Part of thesis digitization project, awaiting processing.

Usage metrics

    Theses and Dissertations

    Categories

    No categories selected

    Exports

    RefWorks
    BibTeX
    Ref. manager
    Endnote
    DataCite
    NLM
    DC