Abstract
This chapter explores the usefulness of a managerial model of governance to resolve sanitary and phytosanitary issues and secure compliance with the SPS Agreement as an alternative or supplementary to an enforcement model of governance. It argues that the managerial model favours informal and nonbinding methods over formal and binding ones. Among the several managerial methods provided for in the SPS Agreement, it focuses on the ad hoc consultations under Article 12.2. While further improvements may be possible, the ad hoc consultations have advantages, when compared to the panel and Appellate Body review, in that they: (i) enable long-term monitoring; (ii) facilitate collaborative interactions between interested Members; (iii) give scientific experts a proactive role; (iv) allow developing country Members to participate in the WTO process; (v) assist developing country Members in implementing the SPS Agreement; (vi) pay proper deference to Members’ sovereign right to adopt and enforce public health policy.
| Original language | English |
|---|---|
| Title of host publication | International Economic Law and Governance |
| Subtitle of host publication | Essays in Honour of Mitsuo Matsushita |
| Publisher | Oxford University Press |
| Pages | 534-550 |
| Number of pages | 17 |
| ISBN (Electronic) | 9780198778257 |
| DOIs | |
| Publication status | Published - 2017 Jan 1 |
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Keywords
- ad hoc consultations
- Compliance
- Conciliatory
- Developing country
- Managerial model
- Specific trade concern
- SPS
ASJC Scopus subject areas
- Social Sciences(all)
Cite this
A managerial approach to secure compliance with the SPS agreement. / Fukunaga, Yuka.
International Economic Law and Governance: Essays in Honour of Mitsuo Matsushita. Oxford University Press, 2017. p. 534-550.Research output: Chapter in Book/Report/Conference proceeding › Chapter
}
TY - CHAP
T1 - A managerial approach to secure compliance with the SPS agreement
AU - Fukunaga, Yuka
PY - 2017/1/1
Y1 - 2017/1/1
N2 - This chapter explores the usefulness of a managerial model of governance to resolve sanitary and phytosanitary issues and secure compliance with the SPS Agreement as an alternative or supplementary to an enforcement model of governance. It argues that the managerial model favours informal and nonbinding methods over formal and binding ones. Among the several managerial methods provided for in the SPS Agreement, it focuses on the ad hoc consultations under Article 12.2. While further improvements may be possible, the ad hoc consultations have advantages, when compared to the panel and Appellate Body review, in that they: (i) enable long-term monitoring; (ii) facilitate collaborative interactions between interested Members; (iii) give scientific experts a proactive role; (iv) allow developing country Members to participate in the WTO process; (v) assist developing country Members in implementing the SPS Agreement; (vi) pay proper deference to Members’ sovereign right to adopt and enforce public health policy.
AB - This chapter explores the usefulness of a managerial model of governance to resolve sanitary and phytosanitary issues and secure compliance with the SPS Agreement as an alternative or supplementary to an enforcement model of governance. It argues that the managerial model favours informal and nonbinding methods over formal and binding ones. Among the several managerial methods provided for in the SPS Agreement, it focuses on the ad hoc consultations under Article 12.2. While further improvements may be possible, the ad hoc consultations have advantages, when compared to the panel and Appellate Body review, in that they: (i) enable long-term monitoring; (ii) facilitate collaborative interactions between interested Members; (iii) give scientific experts a proactive role; (iv) allow developing country Members to participate in the WTO process; (v) assist developing country Members in implementing the SPS Agreement; (vi) pay proper deference to Members’ sovereign right to adopt and enforce public health policy.
KW - ad hoc consultations
KW - Compliance
KW - Conciliatory
KW - Developing country
KW - Managerial model
KW - Specific trade concern
KW - SPS
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U2 - 10.1093/acprof:oso/9780198778257.003.0031
DO - 10.1093/acprof:oso/9780198778257.003.0031
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AN - SCOPUS:85060659359
SP - 534
EP - 550
BT - International Economic Law and Governance
PB - Oxford University Press
ER -