Australia - Measures Affecting the Importation of Apples from New Zealand (WT/DS367/AB/R), Appellate Body Report issued on 29 November 2010, adopted on 17 December 2010

none1noIn November 2006, Biosecurity Australia issued its Final Import Risk Analysis Report for Apples from New Zealand (the ‘IRA’). When the ‘unrestricted risk’ associated with a specific pest [i.e. the risk associated with the importation of apples from New Zealand in the absence of any risk management measures] was determined to exceed Australia's appropriate level of protection (‘ALOP’), then possible risk management measures that could be adopted to mitigate the risk were evaluated, and recommendations made accordingly. Australia's appropriate level of protection is ‘providing a high level of sanitary or phytosanitary protection aimed at reducing risk to a very low level, but not to zero’. The IRA recommended a number of risk management measures to the Director of Animal and Plant Quarantine. The Director subsequently determined that the importation of apples from New Zealand can be permitted subject to, inter alia, the application of the phytosanitary measures specified in the IRA. New Zealand attacked the SPS Australian measures concerning apples. The WTO Appellate Body concluThe publication "The Global Community - Yearbook of International Law and Jurisprudence" includes: Articles dealing with international law topics to give users a thorough understanding of the current overall status and structure of international law; Notes and Comments dealing with recent cases and explaining why they are important; Analysis of activities and Decisions of International Courts and Tribunals using excerpts from the decisions; Analytical Index that makes finding information easy. Legal Maxims give researchers quick access to the point of law in each case, and are logically arranged to represent an accurate overall reading of the decision. The maxims combine summaries and extracts in a format specifically designed for rapid reference. Introductory Notes on each international tribunal or court provide synopsis of the total activity of the organization over the course of the year. Global Community, The: Review of the 2002 Edition “…this is a very useful new publication, one that retains its focus on relevant global developments in international law while being extensive in the issues it cover, and this makes it different from other similar publications.” — MALGOSIA FITZMAURICE, Department of Law, University of LondonnoneE. BaronciniE. Baroncin