When Life Gives You Lemons: The Dispute on the Correct Interpretation of Data on the Citrus Black Spot Disease between the European Union and South Africa according to the SPS agreement

D.A. Sinopoli, K. Purnhagen

Research output: Contribution to journalArticleAcademicpeer-review

Abstract

When determining the Appropriate Level of Protection (ALOP) in food safety law, developed countries rely on the Food Safety Objective (FSO) to meet the requirements of WTO law and to provide a high level of protection based on insights from food safety science. Implementing an FSO/ALOP is resource-intensive and costly. Developing countries who would like to provide similar levels of protection are restricted by limited resources and often face difficulties implementing such an FSO-based ALOP. As a consequence, developing countries may base their ALOP on other legally acceptable reasons, which are non-scientific and less effective. We illustrate a less resource-intensive way to implement the FSO in the ALOP, which enables developing countries to design an ALOP that is based on food safety science. Depending on the resources available in the respective country, we map different possibilities to determine a science-based FSO/ALOP concept for developing countries, which also takes into account the requirements of WTO law.
Original languageEnglish
Pages (from-to)29-62
JournalTrade, Law and Development
Volume8
Issue number1
Publication statusPublished - 2017

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