Regionalization within the SPS Agreement after Russia – Pigs (EU) Dispute WT/DS/475: Russian Federation – Measures on the Importation of Live Pigs, Pork and Other Pig Products from the European Union

Legal Issues of Economic Integration, 45:1 (Forthcoming)

17 Pages Posted: 21 Nov 2017

See all articles by Cornelia Furculita

Cornelia Furculita

German University for Administrative Sciences Speyer

Date Written: May 15, 2017

Abstract

Until recently, the issue of regionalization was only superficially addressed in both practice and scholarship compared to other provisions of the WTO SPS Agreement. The notion of regionalization, established in Article 6 of the SPS Agreement, secures that SPS measures are not based on political borders of the Members but adapted to the specific conditions of regions. Thus, Article 6 establishes an important right of the Members to ensure access to other Members’ markets for products originating in disease-free areas. Recently, several disputes with respect to regionalization were brought before the WTO dispute settlement system. This article considers how, in Russia – Pigs (EU), the Panel and the Appellate Body clarified the SPS Agreement’s provisions on regionalization, furthering previous conclusions and identifying what Members can expect from future applications of the regionalization provisions of the SPS Agreement.

Keywords: Russia-Pigs (EU), Regionalization, SPS Agreement, WTO

Suggested Citation

Furculita, Cornelia, Regionalization within the SPS Agreement after Russia – Pigs (EU) Dispute WT/DS/475: Russian Federation – Measures on the Importation of Live Pigs, Pork and Other Pig Products from the European Union (May 15, 2017). Legal Issues of Economic Integration, 45:1 (Forthcoming). Available at SSRN: https://ssrn.com/abstract=3072175

Cornelia Furculita (Contact Author)

German University for Administrative Sciences Speyer ( email )

Freiherr vom Stein Strasse 2
Speyer
Germany

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