The SPS Agreement: Addressing historical factors in trade dispute resolution

Abstract

The World Trade Organization Agreement on the Application of Sanitary andPhytosanitary Measures (the SPS Agreement) isa product of international efforts to blendtrade liberalization with standards of publichealth protection. One of the aims of theAgreement is to facilitate the pre-emption andmanagement of food safety related tradedisputes. An examination of nineteenth-centuryand modern-day trade disputes illustrates howthe SPS Agreement is positioned to carry outthis remit. Historical research andcontemporary experience vindicate the Agreementas a necessary treaty to address severalfactors that influence food safety relatedtrade disputes: economic considerations, riskperception, and regulatory coordination.