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6 J. Int'l Trade L. & Pol'y 1 (2007)

handle is hein.journals/jitlp6 and id is 1 raw text is: 









                       SOUND SCIENCE AND TRADE BARRIERS:

 DEMOCRACY, AUTONOMY, AND THE LIMITS OF THE SPS AGREEMENT



                                           Edward A. Morse'







Abstract

This article examines the framework of the Agreement for Sanitary and Phytosanitary Measures (SPS Agreement) and
assesses its impacts on domestic autonomy and authority in matters of food and environmental safety. The direct impact of
the SPS  Agreement appears quite limited, as only a few cases have arisen. The Agreement has not proven to be a
pervasive tool for the purpose of overturning domestic policies on food or environmental safety, despite the fact that the
WTO   Panel or Appellate Body decisions have found that domestic measures violate the terms of the SPS Agreement.
Limited enforcement mechanisms provide protection for domestic policies, though perhaps at the price of trade sanctions.
Moreover, theoretical literature suggests that the SPS Agreement may indeed enhance democratic values by discounting
the influence of special interests and retaining ultimate authority for enforcement within the discretion of domestic
government. Important issues nevertheless remain, including the role of the precautionary principle in policymaking and the
means  to address normative values, such as developing moral consensus on animal welfare, in trade matters. Trade has
proven to be a catalyst for change and cooperative development in this context.


' Professor of Law, McGrath North Mullin & Kratz Professor of Business Law, Creighton University, School of Law, Omaha,
Nebraska, USA  morsep~creighton.edu
The author gratefully acknowledges the helpful assistance of Scott Keller, Creighton Law School (J.D. Expected 2008) in
researching this article, and the thoughtful comments of his colleague Steve Sieberson on an earlier draft.

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