Can Article 5.7 of the WTO SPS Agreement be a Model for the Precautionary Principle?
Authors
Niu Huei-Chih
Associate Professor, Institute of Law for Science and Technology, National Tsing Hua University, Taiwan. Research Fellow at Institute of Advance Study on Science, Technology and Society (IASSTS), Graz, Austria (January–August 2007). This paper is a research result of the NSC project (NSC-96-2918-I-007-007). The author would like to thank to the colleagues at IIAS-STS for hosting me in writing this paper, and Miss Guan H. Tang for her assistance and patience. However, any mistake in this paper remains the sole responsibility of the author.
The aim of this paper is to suggest that the mechanism set up in Article 5.7 of the Agreement on the Application of Sanitary and Phytosanitary Measures (“SPS Agreement”) can be used as a model to implement the precautionary principle outside the jurisdiction of the WTO.
