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Global Food Governance

Implications of Food Safety and Quality Standards in International Trade Law

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Mariela Maidana-Eletti

With increasingly globalised markets, changing consumer preferences and the steady development of technologies influencing food trade flows, safety and quality concerns have triggered the development of new forms of global (food) governance. Since its creation in 1995, the World Trade Organization (WTO) has succeeded in providing a multilateral legal framework for the development of regulatory practices through its multiple agreements. Similarly, the continuing importance of regional and bilateral trade agreements, such as in the European Union and in Switzerland, has enhanced WTO’s accomplishments through a comprehensive and dynamic set of international rules and standards for trade. However, the changing trends in the production and distribution of food products have questioned the effectiveness of the regulatory status quo. This book addresses the legal aspects of the current global architecture for food governance, particularly with regard to the role of international standards. In doing so, this work attempts at mapping the implications of domestic food measures in international trade law.

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GATT Case Law GATT, Belgium Family Allowances, Decision of 6 November 1952, G/32 – 1S/59. GATT, Italian Discrimination Against Agricultural Machinery (Italy – Agricultural Machinery), 15 July 1958, L/833 – 7S/60. GATT, Generalized System of Preferences, Decision of 25 June 1971, BISD 18S/24. GATT, European Economic Community (EEC) Measures on Animal Feed Proteins, Decision of 2 December 1977, L/4599 – 25S/49. GATT, Differential and More Favourable Treatment, Reciprocity and Fuller Participa- tion of Developing Countries, Decision of 28 November 1979, L/4903. GATT, United States – Section 337 of the Tariff Act of 1930 (US – Section 337), Deci- sion of 16 January 1980, L/6439 – 36S/345. GATT, Spain Tariff Treatment on Unroasted Coffee, Decision of 27 April 1981, L/5135 – 28S/102. GATT, Unites States Customer User Fee, Decision of 25 November 1987, L/6264 – 35S/245. GATT, Japan – Trade in Semi-Conductors, Decision of 4 May 1988, L/6309 – 35S/116. GATT, European Economic Community (EEC) – Restrictions on Imports of Dessert Apples (Complaint by Chile), Decision of 18 April 1989, L/6491 – 36S/93. GATT, United States Section 337 of the Tariff Act of 1939, Decision of 7 November 1989, L/6439, BISD36S/345. GATT, United States Denial of Most-Favoured-Nation Treatment as to Non-Rubber Footwear from Brazil, Decision of 10 January 1992, DS18/R – 39S/128. GATT, Tokyo Round Committee on TBT, Termination of the Tokyo Round Agreement on Technical Barriers to Trade, Decision of 20 October 1995, TBT/40 Special Distribution. 162 WTO Case Law Panel Reports WTO Panel Report, European Communities – Measures Concerning Meat and Meat Products (United States), 18 August 1997, WT/DS26/R/USA. WTO Panel Report, European Communities...

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