Titlebook: Conflicting Philosophies and International Trade Law; Worldviews and the W Michael Burkard Book 2018 The Editor(s) (if applicable) and The

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Introduction,The Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) came along with the promise of resolving existing and mitigating prospective trade disputes. When the SPS Agreement came into effect in 1995, a burning issue was the transatlantic trade dispute over hormone-treated beef.

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The Appellate Body’s Quest for Middle GroundIn this chapter of the book ‘Conflicting Philosophies and International Trade Law—Worldviews and the WTO’, it is established that the Appellate Body, by rejecting the Panel’s differentiation between risk assessment and risk management, also rebutted a notion of risk characterised as quantitative, . probabilistic.

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Conflicting Philosophies and International Trade Law978-3-319-61067-2Series ISSN 2946-2371 Series E-ISSN 2946-238X

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https://doi.org/10.1007/978-3-642-28009-2ctive epistemological and philosophical origins are discussed. The first risk concept is rooted in the individualistic and rational philosophy of the Enlightenment and early Capitalism. The second risk concept stems from anti-modernist movements associated with romanticism and the alienation of man from nature.

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