Term Paper: Exporia's Plea Concerning Ban

Pages: 7 (1906 words)  ·  Style: MLA  ·  Bibliography Sources: 5  ·  Level: Master's  ·  Topic: Agriculture  ·  Buy This Paper


[. . .] Imporia tested and assessed the risk of Exporia's corn beer contamination by relying on inaccurate data. Imporia recognizes that studies relating to presumed beer contamination by the NAQB represent a minority view. Exporia believes that a risk assessment must come from a unified conclusion from the mainstream scientific opinion representing various scientists taking different views. Divergence therefore is advantageous and is an indication of equal balance of scientific opinion. The failure of Imporia to institute a process that would incorporate divergent scientific opinion is considered by Exporia as an act in bad faith. Besides, it is an indicator of lack of a reasonable relationship between SPS measure and Imporia's risk assessment. The reliance of result from the NAQB, as opposed to FAO and WHO without any extension research makes Imporia arguments against Exporia's beer inconsistent with the requirements of SPS Agreement. The interpretation of the scientific results in the risk assessment of (Tetranychus urticae) related causality and disease risks seem to require a quantitative dimension. In such cases, relying on mere minority view and insufficient data may bring inaccurate risk assessment. Moreover, the risk is perceived to be life threatening and presents threat to public health and safety. The approach of minority opinion imposed by Imporia is subject to legitimate criticism as their argument is not reliable and does not show the effects of the beer. The SPS Agreement recommends the issuance of specific and quantitative data in risk assessment to be met as opposed to minority opinions with limited scientific evidence.[footnoteRef:6] If Imporia was responsible and considerate, it would have based their legislative and administrative measures on majority scientific opinion. It is therefore justifiable to recommend that final determination of Imporia's claim should await future decision involving other scientific opinion. Overreliance on the scientific minority view leads to procedural challenges in implementing the risk assessment based upon the allegations. [6: ibid]

The results of the minority scientific organizations such as the NAQB, hinder Exporia from making necessary steps that would help them establish a level of protection they deem appropriate for their products. According to Exporia, disproportion between the risk identified by the scientific evidence and the SPS measure implies that there is no rational or objective relationship.

Works Cited

Appellate Body. EC Measures Concerning Meat and Meat products. Geneva, 1998 .

General Agreement on Tariffs and Trade. Sanitary and phytosanitary measures.… [END OF PREVIEW]

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