International law

Write a brief memorandum to evaluate the following measure under TBT / SPS Agreement rules:
The country of Barodia, a WTO member, has just published new regulations for pears to be imported into the
• Red pears are not allowed into the country to prevent the spread of pests.
• Green pears must not contain more than 30 micrograms of deoxodotol, harmful to human health.
• Green pears to be shipped into Barodia must now be grown in at a production site that is registered with plant
health officials approved by Barodian officials.
Take into account the following facts:
• Red pears are widely grown in the Arcadia, the main province in Barodia.
• The World Organization of Pear Production and Research, composed by almost all WTO members, states
that a maximum of 60 micrograms of deoxodotol in each pear is a safe level for human consumption.
• The Barodian Academy of Science has recently published a report that pears with a maximum of 45
micrograms of deoxodotol do not represent a risk to health.
• The new regulations had been notified to the WTO Secretariat with sufficient time for comment by other WTO

Sample Solution