The application of precautionary principle under the SPS agreement by the WTO DSS: an analytical appraisal

Abstract Those who develop genetically modified organisms want to market it in the country invention, where it is developed, and export them for monetary gain. The ethical aspect of such inventions and innovations strives for not venturing into them if their introduction may impair human, animal...

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Main Authors:	Ansari, Abdul Haseeb, Wartini, Sri
Format:	Article
Language:	English
Published:	The Indian Society of International Law 2013
Subjects:	K Law (General) KZ Law of Nations
Online Access:	http://irep.iium.edu.my/38283/ http://irep.iium.edu.my/38283/ http://irep.iium.edu.my/38283/1/IJIL-14-Tinni.pdf

id	iium-38283
recordtype	eprints
spelling	iium-382832014-09-15T09:08:31Z http://irep.iium.edu.my/38283/ The application of precautionary principle under the SPS agreement by the WTO DSS: an analytical appraisal Ansari, Abdul Haseeb Wartini, Sri K Law (General) KZ Law of Nations Abstract Those who develop genetically modified organisms want to market it in the country invention, where it is developed, and export them for monetary gain. The ethical aspect of such inventions and innovations strives for not venturing into them if their introduction may impair human, animal and plant life and health or adversely affect the environment. Inventors and innovators must give priority to biosafety. It is for this reason that the concept of precautionary principle has been developed and enforced through international and national laws. The SPS Agreement and the Cartagena Protocol are there to ensure biosafety, but they serve different purposes, i.e. international trade and protection of the environment. The precautionary provision contained in the Cartagena Protocol is in in line with the conservation imperatives of the Convention of Biological Diversity. But the irony is that the dispute settlement body, e.g. the Panels and the Appellate Body have given effect to the SPS Agreement. The paper critically examines the decisions given by WTO Dispute Settlement System (DSS) and subscribes to the view that DSB should determine the scope of precautionary principle in line with the Cartagena Protocol. The Indian Society of International Law 2013-04-06 Article PeerReviewed application/pdf en http://irep.iium.edu.my/38283/1/IJIL-14-Tinni.pdf Ansari, Abdul Haseeb and Wartini, Sri (2013) The application of precautionary principle under the SPS agreement by the WTO DSS: an analytical appraisal. Indian Journal of International Law, 53 (2). pp. 206-241. ISSN 0019-5294 http://www.isil-aca.org/
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General) KZ Law of Nations
spellingShingle	K Law (General) KZ Law of Nations Ansari, Abdul Haseeb Wartini, Sri The application of precautionary principle under the SPS agreement by the WTO DSS: an analytical appraisal
description	Abstract Those who develop genetically modified organisms want to market it in the country invention, where it is developed, and export them for monetary gain. The ethical aspect of such inventions and innovations strives for not venturing into them if their introduction may impair human, animal and plant life and health or adversely affect the environment. Inventors and innovators must give priority to biosafety. It is for this reason that the concept of precautionary principle has been developed and enforced through international and national laws. The SPS Agreement and the Cartagena Protocol are there to ensure biosafety, but they serve different purposes, i.e. international trade and protection of the environment. The precautionary provision contained in the Cartagena Protocol is in in line with the conservation imperatives of the Convention of Biological Diversity. But the irony is that the dispute settlement body, e.g. the Panels and the Appellate Body have given effect to the SPS Agreement. The paper critically examines the decisions given by WTO Dispute Settlement System (DSS) and subscribes to the view that DSB should determine the scope of precautionary principle in line with the Cartagena Protocol.
format	Article
author	Ansari, Abdul Haseeb Wartini, Sri
author_facet	Ansari, Abdul Haseeb Wartini, Sri
author_sort	Ansari, Abdul Haseeb
title	The application of precautionary principle under the SPS agreement by the WTO DSS: an analytical appraisal
title_short	The application of precautionary principle under the SPS agreement by the WTO DSS: an analytical appraisal
title_full	The application of precautionary principle under the SPS agreement by the WTO DSS: an analytical appraisal
title_fullStr	The application of precautionary principle under the SPS agreement by the WTO DSS: an analytical appraisal
title_full_unstemmed	The application of precautionary principle under the SPS agreement by the WTO DSS: an analytical appraisal
title_sort	application of precautionary principle under the sps agreement by the wto dss: an analytical appraisal
publisher	The Indian Society of International Law
publishDate	2013
url	http://irep.iium.edu.my/38283/ http://irep.iium.edu.my/38283/ http://irep.iium.edu.my/38283/1/IJIL-14-Tinni.pdf
first_indexed	2023-09-18T20:54:59Z
last_indexed	2023-09-18T20:54:59Z
_version_	1777410244474830848

The application of precautionary principle under the SPS agreement by the WTO DSS: an analytical appraisal

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