The Impact of WTO SPS Law on EU Food Regulations (Studies in European Economic Law and Regulation Book 2)

This book brings a fresh perspective on the emerging field of international food law with the first detailed analysis of the process and implications of domestic compliance with the World Trade Organisation (WTO) Sanitary and Phytosanitary (SPS) Agreement. It investigates the influence of WTO disciplines on the domestic policy-making process and examines the extent to which international trade law determines European Union (EU) food regulations. Following controversial WTO rulings on genetically-modified foods and growth hormones in beef, awareness and criticism of global rules governing food has grown considerably. Yet the real impact of this international legal meta-framework on domestic regulations has remained obscure to practitioners and largely unexplored by legal commentators. This book examines the emergence of transnational governance practices set in motion by the SPS Agreement and their role in facilitating agricultural trade. In so doing, it complements and challenges conventional accounts of the SPS regime dominated by analysis of WTO disputes. It reviews legal commentary of the SPS Agreement to understand why WTO rules are so commonly characterised as a significant threat to domestic food policy preferences. It then takes on these assumptions through an in-depth review of food policies and decision-making practices in the EU, revealing both the potential and limits of WTO law to shape EU policies. It finally examines two important venues for the generation of global food norms – the WTO SPS Committee and Codex Alimentarius – to evaluate the practice and significance of transnational governance in this domain. Through detailed case studies including novel foods, food additives, vitamin and mineral supplements and transparency and equivalence procedures, this book provides a richer account of compliance and exposes the subtle, but important influence of WTO obligations. Front Matter....Pages i-xvi Introduction....Pages 1-28 Front Matter....Pages 29-29 Evaluating the Impact of International Law: A Taxonomy of Analytical Choices....Pages 31-57 The Standard View of the SPS Agreement: A Literature Review....Pages 59-87 Front Matter....Pages 89-89 Is Science Really the Only Thing that Counts? An Evaluation of the SPS Agreement’s Expectations of Science in the Context of EU Food Policy....Pages 91-126 Bringing in the Old and the New: The Influence of the SPS Agreement on the EU Novel Food Saga....Pages 127-166 Front Matter....Pages 167-167 SPS Mechanisms for a Transnational Approach to Food Governance: Transparency and Equivalence....Pages 169-203 Is Codex Alimentarius All Talk? The Importance of Standards in Transnational Food Governance....Pages 205-243 Conclusion....Pages 245-252 Back Matter....Pages 253-266 Introduction -- Evaluating The Impact Of International Law : A Taxonomy Of Analytical Choices -- The Standard View Of The Sps Agreement : A Literature Review -- Is Science Really The Only Thing That Counts? : An Evaluation Of The Sps Agreement's Expectations Of Science In The Context Of Eu Food Policy -- Bringing In The Old And The New : The Influence Of The Sps Agreement On The Eu Novel Food Saga -- Sps Mechanisms For A Transnational Approach To Food Governance : Transparency And Equivalence -- Is Codex Alimentarius All Talk? : The Importance Of Standards In Transnational Food Governance -- Conclusion. Chris Downes. Includes Bibliographical References And Index.