Chapter 11 WTO Dispute Cases Relating to Food Safety Issues

Mitsuo Matsushita

A chapter in Trade Disputes and the Dispute Settlement Understanding of the WTO: An Interdisciplinary Assessment, 2009, pp 283-302 from Emerald Group Publishing Limited

Abstract: There are several agreements within the framework of the World Trade Organization that have an impact on the issue of food safety. These include the prohibition against quantitative restrictions of GATT 94, the general exceptions of Article XX, the Agreement on Sanitary and Phytosanitary Measures, the Agreement on Technical Barriers to Trade, and the Agreement on Trade-Related Aspects of International Property Rights. This chapter analyzes the primary disputes pertaining directly or tangentially to matters of food safety and representation under each of these agreements that were impaneled under the dispute settlement understanding. Particular attention is given to the EC/Hormones and the EC/genetically modified organisms (GMO) cases.

Keywords: Food safety; Article XX; Sanitary and PhytoSanitary Agreement; Agreement on Technical Barriers to Trade; Chapeau; GATT 1994; EC/Hormones; EC/GMO; Cartagena Protocol; form and nature of a measure; national treatment; burden of proof; Enabling Clause; Appellate Body (search for similar items in EconPapers)
Date: 2009
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Persistent link: https://EconPapers.repec.org/RePEc:eme:fegzzz:s1574-8715(2009)0000006014

DOI: 10.1108/S1574-8715(2009)0000006014

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