The quest for balance between the interests of trade and the interests of the environment; whether it is necessary to amend the WTO/GATT rules to allow members to set their own higher standards for the protection of health, safety, the environment and biodiversity; the GATT 1994; the Agreement on Technical Barriers to Trade ("TBT"); and the Agreement on the Application of Sanitary and Phytosanitary Measures ("SPS"); the restraints on members' freedom to adopt and enforce national standards; Article 5 of the SPS-risk assessment, the proportionality test and the precautionary principle The Beef Hormones Case; the EC prohibition on imports of hormone-treated beef and the WTO Panel finding that this contravened WTO law. Conflicts between international and national measures - the WTO and EU situations compared. Conclusion that certain amendments of the SPS might reduce uncertainty about the right of members to set their own standards.
European Energy and Environmental Law Review