By analyzing the Beef Hormone case under WTO and elaborating the SPS Agreement, the author first discusses several important issues relating to the aims and provisions of the SPS Agreement.Then focus is given to the a...By analyzing the Beef Hormone case under WTO and elaborating the SPS Agreement, the author first discusses several important issues relating to the aims and provisions of the SPS Agreement.Then focus is given to the appellate body’s treatment of the SPS Agreement in the Beef Hormone decision, such as the meaning of relevant articles, risk assessment, scientific standards and procedural points. The role played by WTO in strengthening the SPS Agreement and promoting standardized and international regulation of Hormone-treated beef is also dealt with creatively.The author concludes that the erosion of certain parts of the SPS Agreement can be shored up through future WTO jurisprudence. Future panels should give more complete and stringent guidelines about what it means to base an SPS measure on international standards. By articulating and adopting well-established guidelines for dealing with complex evidence, the WTO can demonstrate its competence and foster uniformity and predictability of its rules.展开更多
文摘By analyzing the Beef Hormone case under WTO and elaborating the SPS Agreement, the author first discusses several important issues relating to the aims and provisions of the SPS Agreement.Then focus is given to the appellate body’s treatment of the SPS Agreement in the Beef Hormone decision, such as the meaning of relevant articles, risk assessment, scientific standards and procedural points. The role played by WTO in strengthening the SPS Agreement and promoting standardized and international regulation of Hormone-treated beef is also dealt with creatively.The author concludes that the erosion of certain parts of the SPS Agreement can be shored up through future WTO jurisprudence. Future panels should give more complete and stringent guidelines about what it means to base an SPS measure on international standards. By articulating and adopting well-established guidelines for dealing with complex evidence, the WTO can demonstrate its competence and foster uniformity and predictability of its rules.
