Question

5. Suppose in 2014, the country of Hibernia required all its vegetable oil producers to establish a baseline amount of trans fatty acids in their formulation of vegetable oil. An average level of these 2014 results is calculated. Later in 2018, Hibernia tells domestic vegetable oil producers that they cannot sell a formulation with more trans fatty acids than their own individual 2014 result. For imports, the Hibernian government says the trans fatty acid amount in vegetable oil cannot be any higher than the 2014 Hibernia domestic average. Assume that trans fatty acids have been shown to have negative health effects. By WTO rules, is Hibernia’s regulation allowed? Why?

Answer 1

soln.:

Hibernia's regulations are allowed by WTO as 'The Article 8 of the TRIPS agreement' explicitly recognizes the right of WTO Members to "adopt measures necessary to protect public health and nutrition, and it is clearly mentioned that trans fatty acids have been shown to have negative health effects.

The most important fact is the implication of regulation,the country of Hibernia firstly impliment the rule on its own land and to its own producers for establishing a baseline amount of trans fatty acids in their formulation of vegetable oil. it also gave them time of 4 years to adopt such methods and technology. and moreover he put restriction on imports of such oils having high trans fatty acids
As all is in the favour of public health so all will be allowed by the WHO.