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Trade and Agricultural Disease: Import Restrictions in the Wake of the India – Agricultural Products Dispute

29 Pages Posted: 14 Dec 2016  

Kamal Saggi

Vanderbilt University - College of Arts and Science - Department of Economics

Mark Wu

Harvard Law School

Date Written: December 2016

Abstract

Trade in agricultural products raises sensitivities, particularly when imports originate from a trading partner experiencing an outbreak of some type of agricultural disease. In this article, we explain why despite the negative externalities associated with diseased imports, an importing country is generally not permitted to ban such imports outright under WTO law. Rather, it is allowed to do so only under fairly specific circumstances. We also highlight how the recent India – Agricultural Products ruling contributes to the jurisprudence of two issues concerning the SPS Agreement: the interpretation of international standards, and the relationship between the risk assessment and scientific evidence requirements.

Keywords: WTO, agricultural trade, bird flu, avian influenza, SPS Agreement

JEL Classification: F13

Suggested Citation

Saggi, Kamal and Wu, Mark, Trade and Agricultural Disease: Import Restrictions in the Wake of the India – Agricultural Products Dispute (December 2016). Robert Schuman Centre for Advanced Studies Research Paper No. RSCAS 2016/64. Available at SSRN: https://ssrn.com/abstract=2884646 or http://dx.doi.org/10.2139/ssrn.2884646

Kamal Saggi (Contact Author)

Vanderbilt University - College of Arts and Science - Department of Economics ( email )

Box 1819 Station B
Nashville, TN 37235
United States

Mark Wu

Harvard Law School ( email )

Griswold Hall Room 302
1525 Massachusetts Ave.
Cambridge, MA 02138
United States

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