India—agricultural products: Defending India’s first SPS dispute

Abstract

This chapter examines the legal issues that arose in India—Agricultural Products, which dealt with certain import restrictions maintained by India on the grounds of Avian Influenza (AI). India’s defence predominantly depended on the conformity of its measures with international standards prepared by the World Organization of Animal Health. The case touches upon several critical issues including the interpretation of international standards, centrality of risk assessments in adopting SPS measures and the requirement for regionalization while implementing such measures, and the allocation of burden of proof. While the case has created new jurisprudence on areas such as the relationship between Articles 5.1 and 5.2, and Article 2.2 of the SPS Agreement, the interlinkages between various paragraphs of Article 6, it also left behind ambiguities, especially in the interpretation of the terms of international standards specifically mentioned in Annex I of the SPS Agreement.