Science-Based Risk Regulation Under the SPS Agreement of the WTO: An Appraisal Post-US/Canada Continued Suspension of Obligations in the EC-Hormones Dispute

The SPS Agreement is the result of a negotiated compromise between the minimization of negative trade effects and the protection of human, animal, and plant life or health. These seemingly contradictory purposes along with the textual indeterminacy of the agreement led to several interpretative challenges during the dispute settlement process, resulting in the development of the rich jurisprudence under the SPS agreement. It is in this connection, this study seeks to examine the major rulings under the SPS agreement for evaluation of the scope of regulatory discretion vested with the national authorities to establish the appropriate level of protection vis-aA -vis the basic rights and obligations of the member states. The study summarizes the key achievements of the SPS case-laws in the progressive development of the SPS regime.