Determining an FSO/ALOP for Application in Developing Countries

European Journal of Risk Regulation (Forthcoming)

Wageningen Working Papers in Law and Governance 7/2016

19 Pages Posted: 17 Oct 2016 Last revised: 1 Dec 2016

See all articles by Dasep Wahidin

Dasep Wahidin

Wageningen UR - Law and Governance Group

Kai P. Purnhagen

University of Bayreuth; Erasmus University of Rotterdam - Rotterdam Institute of Law and Economics

Date Written: October 17, 2016

Abstract

When determining the Appropriate Level of Protection (ALOP), developed countries rely on the Food Safety Objective (FSO) to meet the requirements of WTO law and to provide a high level of protection based on insights from food safety science. Implementing an FSO/ALOP is resource-intensive and costly. Developing countries, which are subject to the same WTO law and would like to provide similar levels of protection, are restricted by limited resources and often face difficulties implementing such an FSO-based ALOP. As a consequence, developing countries may base their ALOP on other legally acceptable reasons, which are non-scientific and less effective. We illustrate a less resource-intensive way to implement the FSO in ALOP, which enables developing countries to design an ALOP that is based on food safety science. Depending on the resources available in the respective country, we map different possibilities to determine a science-based FSO/ALOP concept for developing countries, which also takes into account the requirements of WTO law.

Keywords: WTO Law, FSO/ALOP, SPS Agreement, Food Safety Science

Suggested Citation

Wahidin, Dasep and Purnhagen, Kai Peter, Determining an FSO/ALOP for Application in Developing Countries (October 17, 2016). European Journal of Risk Regulation (Forthcoming), Wageningen Working Papers in Law and Governance 7/2016, Available at SSRN: https://ssrn.com/abstract=2853317

Dasep Wahidin

Wageningen UR - Law and Governance Group ( email )

Hollandseweg 1
Wageningen, 6706KN
Netherlands

Kai Peter Purnhagen (Contact Author)

University of Bayreuth ( email )

Universitatsstr 30
Bayreuth, D-95447
Germany

Erasmus University of Rotterdam - Rotterdam Institute of Law and Economics ( email )

Burgemeester Oudlaan 50
PO box 1738
Rotterdam, 3000 DR
Netherlands

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