ABSTRACT
This chapter demonstrates how expertise operates in the context of World Trade Organizations (WTO) law. The encoding expertise in law works precisely because it enables both halves of the double movement. The illustration comes from the jurisprudence under the WTO Agreement on Subsidies and Countervailing Measures (SCM Agreement). The Appellate Body draws a clear line between legal notions of the market in a benchmark analysis under the SCM Agreement. Like the SCM Agreement, the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) was the product of the Uruguay Round of negotiations, and entered into force in 1995. The pendulum appears to have swung again in the relatively recent SPS case of AustraliaApples. SPS measures are, speaking broadly, those food safety and quarantine measures that WTO members use to protect their territories from pests, diseases, and other health risks that enter through importation of foreign goods.
