I recognize you, I recognize you not: Sanitary and phytosanitary agreement disputes and the application of the precautionary principle in WTO decisions.

摘要

The late twentieth century has witnessed a rapid rise in the exchange of goods, and a particularly large increase in trade relations involving consumable goods, for humans and animals. This increase in trade, coupled with the speed with which products move around the globe, has raised the importance of the Precautionary Principle. This thesis looks at the evolution of the Principle through four decisions of the World Trade Organization (WTO) involving the Sanitary and Phytosanitary Agreement (SPS). Having rendered some controversial rulings, the WTO has not demonstrated in its decisions, exhaustive and robust deliberations, but has instead relied on doctrinaire textualism by basing the resolution of complex issues on a single document, namely the SPS Agreement. Furthermore, the Precautionary Principle may have reached its apogee, as it appears destined to be replaced by the more normative constructs of risk assessment and risk management.