European Communities – Measures Concerning Meat and Meat Products (Hormones)

This study offers a comprehensive analysis of the WTO Hormones Case, the first dispute brought under the Sanitary and Phytosanitary (SPS) Agreement. Initiated by the United States and Canada against the European Communities (EC), the case concerned the legality of the EC’s ban on meat and livestock treated with growth-promoting hormones. While the EC invoked public health protection, the complainants challenged the ban as an unjustified trade restriction lacking scientific foundation. The dispute required both Panels and the Appellate Body to engage in unprecedented scrutiny of the scientific basis of a Member’s health policy, thereby clarifying the scope of “risk assessment” under the SPS Agreement. This work examines the legal reasoning of the WTO adjudicators, the interaction between the SPS Agreement and the precautionary principle, and the balance between Members’ regulatory autonomy and trade liberalization. It further assesses the dispute’s procedural aftermath, including arbitration and authorized retaliation, highlighting its significance as a landmark precedent in WTO case law and in the broader debate on science, precaution, and international trade governance.