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Reforming biosecurity legislation in developing countries: increasing market access or maintaining unequal terms of trade?

Reforming biosecurity legislation in developing countries: increasing market access or maintaining unequal terms of trade?

Black, Robert ORCID: 0000-0001-6596-882X (2019) Reforming biosecurity legislation in developing countries: increasing market access or maintaining unequal terms of trade? Journal of World Trade, 53 (5). ISSN 1011-6702 (In Press)

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Abstract

This article explores the challenges faced by developing and transitional countries in international trade in agricultural goods and other natural resource products in compliance with the normative framework of the World Trade Organisation, and in particular of the Agreement on the Application on Sanitary and Phytosanitary Measures ('SPS Agreement'). It details the legislative and administrative measures, as justified by 'scientific evidence' and 'risk assessment', that a WTO member may take to prevent the importation of unsafe food and animal feed, and pests and disease organisms. As well as considering the policy implications and constraints to relevant legislative reform, the article also draws on the author’s experience in biosecurity legislative review and drafting in Africa, Caribbean, Eastern Europe and Central Asia using the umbrella concept of 'biosecurity' to reflect on the challenges facing drafting of legislation consistent with the normative international frameworks for biosecurity . Taken into account is the impact of the SPS Agreement on the terms of food trade imposed on developing countries and the connection between international trade and environmental protection.

Item Type: Article
Uncontrolled Keywords: World Trade Organisation, biosecurity, SPS agreement, TBT agreement, standards, sanitary and phytosanitary, environmental protection, invasive species
Subjects: H Social Sciences > HB Economic Theory
K Law > K Law (General)
Faculty / Department / Research Group: Faculty of Engineering & Science
Faculty of Engineering & Science > Natural Resources Institute
Faculty of Engineering & Science > Natural Resources Institute > Food & Markets Department
Related URLs:
Last Modified: 26 Jul 2019 10:01
Selected for GREAT 2016: None
Selected for GREAT 2017: None
Selected for GREAT 2018: None
Selected for GREAT 2019: GREAT 1
URI: http://gala.gre.ac.uk/id/eprint/23016

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