MJIEL Vol 13 Issue 1 2016 - Article 5 by Ravindra

The First WTO Appellate Body Report on Regional Adaptation under the SPS Agreement
 
Ravindra Pratap
 
ABSTRACT: On 19 June 2015, the WTO Dispute Settlement Body adopted the Appellate Body Report1 which upheld the Panel findings2 of violation of WTO rules by import restrictions which India had imposed on U.S. agricultural products because of concerns related to Avian Influenza or bird flu (AI). In upholding the Panel’s findings on the grounds of risk assessment, international standards, trade restrictiveness, impermissible discrimination and regional adaptation under the WTO Agreement on the Application of Sanitary and Phytosanitary Measures (the SPS Agreement), the AB set out to establish the WTO jurisprudence on regional adaptation. The AB significantly interpreted the regional adaptation obligation as continuing and subjected Members’ freedom in its effectuation in their domestic law to the requirement of compliance with international standards.

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