177
The WTO’s SPS and TBT agreements are important tools with which to harmonize
these oft-conflicting interests.
The SPS agreement specifies the exceptions listed in the GATT. It enables WTO
members to adopt measures to protect the health of humans, animals, and plants.
However, these measures have to be based on a scientific risk assessment. The SPS
agreement refers to three international standard-setting organizations (the “Three
sisters”) for food, plant protection, and animal health. The Codex Alimentarius
(Food Code) is the most important international point of reference for food safety
standards. The Codex Alimentarius was established by the FAO and the WHO in
1963, and it currently consists of standards, guidelines, codes of practice and advisory texts, which are non-binding in nature.
The TBT agreement complements the SPS. It aims to ensure that technical regulations, standards, and conformity assessment procedures are non-discriminatory in
nature and do not create unnecessary obstacles to trade. It further specifies the WTO
members’ right to take measures to protect consumers and other public interests but
also requires that these protective measures are transparent and non-discriminatory.
With regard to food, the requirements related to packaging and labeling are the most
relevant in the TBT agreement.
As noted above, agriculture received significant exemptions under GATT due to
its connections with national food security. The Agreement on Agriculture (AoA)
was established in 1995 to boost fair competition and to reduce distortion in agricultural trade. The agreement contains provisions for the granting of preferential treatment to producers in developing countries to promote their access to international
markets.
All in all, even though food is regulated through various agreements and two
quite separate legal domains in trade law and human rights law, it is commonly
observed that there is no incompatibility between the different provisions of international food law. On the contrary, international trade law includes various provisions aimed at ensuring human health that also enhance the right to food and food
security. However, there are various policy-driven problems in the food sector in
relation to unjust trade practices that may endanger food security (van der
Meulen 2010).
6.5.2 Interlinkages to Water and Energy
As is the case for international water and energy law, the food–energy–water nexus
is not explicitly addressed in international food law. However, all the treaties in the
area recognize the need to protect natural resources or the environment, which
allows for the consideration of energy and water issues in relation to food.
As noted above, the GATT provides possibilities for WTO members to be
exempted from its rules (Article XX). These exemptions include measures necessary to protect human, animal or plant life or health (paragraph b) or to conserve
exhaustible natural resources (paragraph g). However, the exemptions cannot create
6 International Governance
The WTO’s SPS and TBT agreements are important tools with which to harmonize
these oft-conflicting interests.
The SPS agreement specifies the exceptions listed in the GATT. It enables WTO
members to adopt measures to protect the health of humans, animals, and plants.
However, these measures have to be based on a scientific risk assessment. The SPS
agreement refers to three international standard-setting organizations (the “Three
sisters”) for food, plant protection, and animal health. The Codex Alimentarius
(Food Code) is the most important international point of reference for food safety
standards. The Codex Alimentarius was established by the FAO and the WHO in
1963, and it currently consists of standards, guidelines, codes of practice and advisory texts, which are non-binding in nature.
The TBT agreement complements the SPS. It aims to ensure that technical regulations, standards, and conformity assessment procedures are non-discriminatory in
nature and do not create unnecessary obstacles to trade. It further specifies the WTO
members’ right to take measures to protect consumers and other public interests but
also requires that these protective measures are transparent and non-discriminatory.
With regard to food, the requirements related to packaging and labeling are the most
relevant in the TBT agreement.
As noted above, agriculture received significant exemptions under GATT due to
its connections with national food security. The Agreement on Agriculture (AoA)
was established in 1995 to boost fair competition and to reduce distortion in agricultural trade. The agreement contains provisions for the granting of preferential treatment to producers in developing countries to promote their access to international
markets.
All in all, even though food is regulated through various agreements and two
quite separate legal domains in trade law and human rights law, it is commonly
observed that there is no incompatibility between the different provisions of international food law. On the contrary, international trade law includes various provisions aimed at ensuring human health that also enhance the right to food and food
security. However, there are various policy-driven problems in the food sector in
relation to unjust trade practices that may endanger food security (van der
Meulen 2010).
6.5.2 Interlinkages to Water and Energy
As is the case for international water and energy law, the food–energy–water nexus
is not explicitly addressed in international food law. However, all the treaties in the
area recognize the need to protect natural resources or the environment, which
allows for the consideration of energy and water issues in relation to food.
As noted above, the GATT provides possibilities for WTO members to be
exempted from its rules (Article XX). These exemptions include measures necessary to protect human, animal or plant life or health (paragraph b) or to conserve
exhaustible natural resources (paragraph g). However, the exemptions cannot create
6 International Governance