By Francesco Francioni
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61 See supra n. 59, Art. 2. 62 See supra n. 48. C. s. ; as amended in 1990, Pub. L. 101–594. 60 Environment, Human Rights and the Limits of Free Trade 17 cedural obligations concerning appropriate risk assessment and proper scientific experimentation. Therefore it is unavoidable that review under the SPS agreement will extend to process and production methods. The first case brought before the Dispute Settlement Body under the SPS agreement, the 1998 Hormones case,64 focused on a non-discriminatory ban on the non-therapeutic administration of hormones in the process of cattle raising industry, which confirms this conclusion.
IV . EXPORT RESTRICTIONS FOR THE PROTECTION OF THE ENVIRONMENT AND HUMAN RIGHTS The considerations developed in the preceding section may also apply, mutatis mutandis, to restrictions on exports which are adopted by a state to prevent the transfer abroad of substances or services that entail a serious risk of harm for the environment or human rights values. On the side of exports, however, the dialectic between free trade and environmental or human values takes a different character in view of the different political and moral context in which export restrictions are to be placed.
699; Dufour, Les droits des travailleurs et les accords commerciaux (Sherbrooke, 1998), especially p. 60; Lenzerini, infra Chapter 11; Riedel and Will, “Human Rights Clauses in External Agreements of EC”, in Alston, The EU and Human Rights (Oxford, 1999), p. 723. 8 Francesco Francioni drawbacks. For example, affected trading countries do not normally have the opportunity to make their voice heard in the decision-making process; furthermore, the measures may be totally ineffective, or even counter-productive, in terms of improving the target state’s environmental or human rights record.
Environment, Human Rights and International Trade by Francesco Francioni