Decisions of the Appellate Body of the World Trade Organization Current Survey Australia--Measures Affecting Importation of Salmon 4. Conclusions This second case regarding the SPS Agreement, after the celebrated Hormones case, continues to work out the degree of discipline to be imposed on states as they engage in sanitary and phytosanitary regulation, including the degree of scientific backing and rationality to be required of states under that agreement. This division of the Appellate Body avoided using the rather innovative “balancing test” devised by the division that decided the Shrimp case to interpret the chapeau of art. XX of GATT, despite the similar language in art. 2.3 of the SPS Agreement. It will be instructive to observe how future Appellate Body decisions deal with this problem.
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