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IS ARTICLE 5.7 OF THE SPS AGREEMENT AN APPLICATION OF THE PRECAUTIONARY PRINCIPLE?

IS ARTICLE 5.7 OF THE SPS AGREEMENT AN APPLICATION OF THE PRECAUTIONARY PRINCIPLE?
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摘要 The "Precautionary principle "" is regarded as the new buzz phrase in the discussion of risk regulation relating to the areas of environment and health. Article 5.7 of the WTO Agreement on the Application of Sanitary and Phytosanitary Measure (SPS Agreement) uses a similar approach to the protection of human, animal and plant life, and health. It is important to pay close attention to some of the relationships concerning the precautionary principle and Article 5. 7. The "Precautionary principle "" is regarded as the new buzz phrase in the discussion of risk regulation relating to the areas of environment and health. Article 5.7 of the WTO Agreement on the Application of Sanitary and Phytosanitary Measure (SPS Agreement) uses a similar approach to the protection of human, animal and plant life, and health. It is important to pay close attention to some of the relationships concerning the precautionary principle and Article 5. 7.
出处 《Frontiers of Law in China-Selected Publications from Chinese Universities》 2015年第2期268-294,共27页 中国高等学校学术文摘·法学(英文版)
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  • 1Peter Tyson, A Short History of Quarantine, in NOVA, availabe at http://www.pbs.org/wgbh/nova/body/ short-history-of-quarantine.html (last visited Jul. 3, 2004). 2.
  • 2Many of the concepts deployed are uncertain in their scope. For example, the Panel adopted an expansive understanding of the concept of animal, plant and pest. It can be seen in Footnote 4 to Annex A and EC- Biotech (Panel) paragraphs 7.224, 7.238, 7.241, etc. 3.
  • 3See SPS Agreement, Article 2.2. 4.
  • 4World Trade Organisation, Understanding the Measures, available at http://www.wto.org/english/tratop WTO Agreement on Sanitary and Phytosanitary _e/sps_e/spsund_e.htm (last visited Jul. 4, 2014).
  • 5Appellate Body Word Trade Organization, WTO Appellate Body Repertory of Reports and Awards." 1995--2010 (4th edition), Cambridge University Press (Cambridge), at 906 (2011).
  • 6Surya P. Subedi, The Road from Doha: The Issues for the Development Round of the WTO and the Future of International Trade, 52 International and Comparative Law Quarterly 425,425-446 (2003). 7.
  • 7Communication on the Precautionary Principle. COM(2000)I, in Brussels, Commission of the European Communitie (2000).
  • 8Giandomenico Majone, The Precautionary Principle and lts Policy Implications, 40 Journal of Common Market Studies 89, 89--109 (2002). 9.
  • 9Appellate Body Report, EC -- Hormones, paragraph 121. 10.
  • 10Majone, The precautionary principle and its policy implications. 11.

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