Skip to main content
×
×
Home

Trade and Agricultural Disease: Import Restrictions in the Wake of the India–Agricultural Products Dispute

  • KAMAL SAGGI (a1) and MARK WU (a2)
Abstract

Trade in agricultural products raises sensitivities, particularly when imports originate from a trading partner experiencing an outbreak of some type of agricultural disease. In this article, we explain why despite the negative externalities associated with diseased imports, an importing country is generally not permitted to ban such imports outright under WTO law. Rather, it is allowed to do so only under specific circumstances. We also highlight how the recent India–Agricultural Products ruling contributes to the jurisprudence of two issues concerning the SPS Agreement: the interpretation of international standards, and the relationship between the risk assessment and scientific evidence requirements.

  • View HTML
    • Send article to Kindle

      To send this article to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle.

      Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

      Find out more about the Kindle Personal Document Service.

      Trade and Agricultural Disease: Import Restrictions in the Wake of the India–Agricultural Products Dispute
      Available formats
      ×
      Send article to Dropbox

      To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your <service> account. Find out more about sending content to Dropbox.

      Trade and Agricultural Disease: Import Restrictions in the Wake of the India–Agricultural Products Dispute
      Available formats
      ×
      Send article to Google Drive

      To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your <service> account. Find out more about sending content to Google Drive.

      Trade and Agricultural Disease: Import Restrictions in the Wake of the India–Agricultural Products Dispute
      Available formats
      ×
Copyright
Corresponding author
*Email: k.saggi@vanderbilt.edu
**Email: mwu@law.harvard.edu
References
Hide All
Bhagwati, J. and Ramaswami, V. K. (1963), ‘Domestic Distortions, Tariffs, and the Theory of Optimum Subsidy’, Journal of Political Economy, 71(1): 4450.
Bown, C. and Hillman, J. A. (2016), ‘Bird Flu, the OIE, and National Regulation: The WTO's India – Agricultural Products Dispute’, World Trade Review, 15(2): 235257.
Grossman, G. and Helpman, E. (1995), ‘Protection for Sale’, American Economic Review, 84(4): 833850.
Margolis, M., Shogren, J. F., and Fischer, C. (2005), ‘How Trade Politics Affect Invasive Species Control’, Ecological Economics, 52(3): 305313.
McAusland, C. and Costello, C. (2004), ‘Avoiding Invasives: Trade Related Policies for Controlling Unintentional Exotic Species Introductions’, Journal of Environmental Economics and Management, 48(2): 954977.
McLachlan, C. (2005), ‘The Principle of Systemic Integration and Article 31(3)(C) of the Vienna Convention’, International Comparative Law Quarterly, 53: 279320.
Nedumpara, J., Chandra, A., and Deepak, G. (2016), ‘ India – Agricultural Products: Defending India's First SPS Dispute’, in Das, A. and Nedumpara, J. (eds.), WTO Dispute Settlement at Twenty: Insiders’ Reflections on India's Participation, New Delhi: Centre for WTO Studies & Springer.
Olson, L. J. and Roy, S. (2010), ‘Dynamic Sanitary and Phytosanitary Trade Policy’, Journal of Environmental Economics and Management, 60: 2130.
Paarlberg, P. L. and Lee, J. G. (1998), ‘Import Restrictions in the Presence of a Health Risk: An Illustration Using FMD’, American Journal of Agricultural Economics, 80(1): 175183.
Robinson, T. et al. (2011), Global Livestock Production Systems, Rome: Food and Agricultural Organization of the United Nations and International Livestock Research Institute.
Rodrik, D. (2011), The Globalization Paradox, New York, W. W. Norton.
Salve, P. (2014) ‘How Many Farmers Does India Really Have’, Hindustan Times, 11 August 2014.
Wilson, N. L. W. and Anton, J. (2006), ‘Combining Risk Assessment and Economics in Managing a Sanitary-Phytosanitary Risk’, American Journal of Agricultural Economics, 88(1): 194202.
World Trade Organization (2015), International Trade Statistics 2015.
Recommend this journal

Email your librarian or administrator to recommend adding this journal to your organisation's collection.

World Trade Review
  • ISSN: 1474-7456
  • EISSN: 1475-3138
  • URL: /core/journals/world-trade-review
Please enter your name
Please enter a valid email address
Who would you like to send this to? *
×

Metrics

Full text views

Total number of HTML views: 10
Total number of PDF views: 169 *
Loading metrics...

Abstract views

Total abstract views: 432 *
Loading metrics...

* Views captured on Cambridge Core between 10th March 2017 - 21st August 2018. This data will be updated every 24 hours.