Please use this identifier to cite or link to this item:
Title: India agricultural products: defending India's first SPS dispute
Authors: Nedumpara, James J.
Chandra, Ashish
Deepak, Garima
Keywords: Avian Influenza
SPS agreement
Risk Assessment
International standards
Issue Date: 31-Dec-2016
Publisher: Springer
Citation: Nedumpara, James J., Chandra, Ashish and Deepak, Garima. (2016). India agricultural products: defending India's first SPS dispute. In Abhijit Das and James J. Nedumpara (Eds). WTO dispute settlement at twenty: insiders reflections on India's participation. Singapore: Springer
Abstract: This chapter examines the legal issues that arose in India—Agricultural Products, which dealt with certain import restrictions maintained by India on the grounds of Avian Influenza (AI). India’s defence predominantly depended on the conformity of its measures with international standards prepared by the World Organization of Animal Health. The case touches upon several critical issues including the interpretation of international standards, centrality of risk assessments in adopting SPS measures and the requirement for regionalization while implementing such measures, and the allocation of burden of proof. While the case has created new jurisprudence on areas such as the relationship between Articles 5.1 and 5.2, and Article 2.2 of the SPS Agreement, the interlinkages between various paragraphs of Article 6, it also left behind ambiguities, especially in the interpretation of the terms of international standards specifically mentioned in Annex I of the SPS Agreement.
Description: Scopus Index
ISBN: 9789811005985
Appears in Collections:JGU Research Publications

Files in This Item:
File Description SizeFormat 
India agricultural products.pdfpdf874.75 kBAdobe PDFView/Open    Request a copy

Items in DSpace are protected by copyright, with all rights reserved, unless otherwise indicated.