By Sylvia Mercado Kierkegaard (ed.)
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Additional info for International Law and Trade: Bridging the East-West Divide
However, in order to get the Bush administration and Congress interested, there had to be hard evidence of a doable deal by the end of March 2007. That said, I would caution that there are no guarantees that attempts to win Congressional support would ultimately succeed. S. legislatures already-shaky support for bilateral and multilateral trade talks will be further weakened by the Democrats ascent to power in both the House of Representatives and the Senate. In particular, the Republican Bush administration is now believed to be even less likely to get Congress to extend its fast-track negotiating authority past the scheduled expiry date next July 2007.
Com). Such measures appear to apply to both domestic and imported foie gras, and thus are not discriminatory on their face. However, it is doubtful whether such measures, which address the health of the animal being raised in another country, rather than the health of the consumer in the importing country, fits within the ambit of the SPS Agreement. There is no scientific basis for any recognized threat to domestic animal life or human life from imported foie gras. Though one might argue a risk to domestic health from the fatty nature of the food, such an argument would indeed shift the analysis in making a discriminatory claim, as other fatty foods are likely not covered.
India alleged that the ECs system of import duties for husked rice violated several WTO Agreements, including the SPS Agreement. The EC conducted a scientific risk assessment as recommended. The United States and Canada levied import sanctions on the EC asserting changes made to the ECs Deliberate Release Directive were delayed and not based on science. Japan abolished the varietal testing requirements and reached a mutually agreeable quarantine solution with the United States. None None No WTO panel needed to resolve dispute.
International Law and Trade: Bridging the East-West Divide by Sylvia Mercado Kierkegaard (ed.)