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This article is structured as follows: Section II will examine whether the SPS Agreement finds application in cases where domestic measures addressing nutritional requirements are challenged in the WTO dispute settlement system. In order to determine SPS applicability, the treaty text will be examined in conjunction with available case law. Section III will address whether and to what extent SPS measures on nutritional requirements as identified in Section II may posed non-tariff barriers to trade. While doing so, this section will also explore the role of international standards as basis for domestic regulation. Section IV will ex-amine the triple threshold established under Article 2.2 of the SPS Agreement to identify the legal standard of review that domestic measures must display in order to comply with the SPS Agreement. It will further address the significance of risk assessments and their symbiotic relation with scientific principles. Section V will conclude with some legal implications by transposing the findings in the previous sections to the context of unhealthy diets and measures adopted to promote consumption of healthier foodstuffs.
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