Environmental Regulation and Food Safety: Studies of Protection and Protectionism

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Veena Jha
IDRC, 2005 - 245 páginas
Environmental, health and sanitary requirements in developed countries are perceived in developing countries as non-tariff barriers to trade. This book shows that such restrictions are perceived to be more stringent during the domestic production season. It also argues that scientific data for specific thresholds appear to be questionable.

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Página 38 - Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where the same conditions prevail, or a disguised restriction on international trade...
Página 21 - In order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.
Página ix - UNCTAD United Nations Conference on Trade and Development UNDP United Nations Development Programme UNEP United Nations Environment Programme...
Página 38 - Agreement shall be construed to prevent the adoption or enforcement by any contracting party of measures... (b) necessary to protect human, animal or plant life or health... (g) relating to the conservation of exhaustible natural resources if such measures are made effective in conjunction with restrictions on domestic production or consumption ..." 7 The text of Article 2 SPS Agreement states in relevant part: 1.
Página 201 - Party" means a State for which the present Convention has entered into force. Article II Fundamental Principles 1. Appendix I shall include all species threatened with extinction which are or may be affected by trade.
Página 30 - With a view to enhancing the mutual supportiveness of trade and environment, we agree to negotiations, without prejudging their outcome, on: (i) the relationship between existing WTO rules and specific trade obligations set out in multilateral environmental agreements.
Página 195 - May 1, 1991, and annually thereafter that — (A) the government of the harvesting nation has provided documentary evidence of the adoption of a regulatory program governing the incidental taking of such sea turtles in the course of such harvesting that is comparable to that of the United States; and (B) the average rate of that incidental taking by the vessels of the harvesting nation is comparable to the average rate of incidental taking of sea turtles by United States vessels in the course...
Página 16 - At the request of a party to a dispute, or at its own initiative, a panel may establish a technical expert group to assist in questions of a technical nature, requiring detailed consideration by experts. 14.3 Technical expert groups shall be governed by the procedures of Annex 2. 14.4 The dispute settlement provisions set out above can be invoked in cases where a Member considers that another Member has not achieved satisfactory results under...
Página 24 - The provisions of this paragraph shall not apply to administrative orders imposing antidumping duties, or relating to regulations for the protection of human, animal or plant life or health, or relating to public safety, or giving effect to judicial decisions.
Página 16 - ... exist or their completion is imminent. Members shall use them, or the relevant parts of them, as a basis for their technical regulations except when such international standards or relevant parts would be an ineffective or inappropriate means for the fulfilment of the legitimate objectives pursued, for instance because of fundamental climatic or geographical factors or fundamental technological problems.

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