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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.

History

Publisher

ProQuest

Language

English

Notes

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

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application/pdf

Access statement

Part of thesis digitization project, awaiting processing.

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