Problems of risk assessment and their justification when arguing sanitary and phytosanitary measures in the WTO Dispute Settlement Body

Abstract

The article is devoted to the issues of risk assessment and their justification arising in the process of challenging sanitary and phytosanitary measures taken by the WTO member states in the WTO SDO on the basis of the Agreement on Sanitary and Phytosanitary Measures. The article shows the difficulties of applying in practice the thesis that such measures should be taken only if necessary to eliminate or minimize the emerging risks to the life and health of their population, animals and plants, and at the same time have sufficient scientific justification. It is noted that in addition to the high standards of proof established by the WTO Appellate Body for the legitimacy of sanitary and phytosanitary measures taken by states, the question of what other factors, in addition to scientific evidence, should be taken into account when assessing the risk and priority of such factors over scientific justification is extremely controversial.