Trade and Health

Abstract

Health measures have posed particularly difficulties within the WTO system. The protection of is a key responsibility of national governments. Health risks may, however, be invoked justify and mask protectionist measures. This chapter examines three major sites within the WTO system where measures are scrutinized:1. The general exception for measures found in GATT Article XX(b)2. The use of risk justify regulatory distinctions under GATT Articles III:43. The WTO's Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement)Health measures enjoy an enhanced status in the WTO system. An otherwise inconsistent measure may be maintained if its principal object is the protection of health. GATT Article XX(b) provides an exception for GATT-inconsistent measures if (i) the measure is necessary protect human, animal or plant life or health and (ii) the application of the measure survives the tests contained in Article XX's chapeau.GATT Article III:4 prohibits discrimination in regulatory treatment between imported products and products of national In EC-Asbestos, the Appellate Body rejected Canada's Article III:4 discrimination claim, holding that it was proper consider the adverse effects of an imported product in order support a finding that it was not like competing products of national origin. Given the complexity (and controversy) surrounding the compatibility of measures with GATT norms, the exception found in Article XX(b) was supplanted by the SPS Agreement. The SPS Agreement applies most but not all measures. The SPS Agreement contains both substantive tests and procedural requirements. Importantly, WTO Members are called on base their SPS measures on a risk assessment, taking into account scientific evidence. SPS measures that conform to international standards are presumed be consistent with WTO norms.