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Food Safety and the WTO:The Interplay of Culture, Science and Technology

Food Safety and the WTO:The Interplay of Culture, Science and Technology PDF Author: Marsha Echols
Publisher: Kluwer Law International B.V.
ISBN: 9041198490
Category : Business & Economics
Languages : en
Pages : 194

Book Description
Today's international trade regime explicitly rejects cultural perceptions of what is safe to eat, overturning millennia of tradition. The World Trade Organization (WTO) Agreement on the Application of Sanitary and Phytosanitary Measures (SPS) enshrines "science" as the arbiter in resolving disputes involving this vital human need. This mandate, however, is under attack from many quarters. Critics cite environmental and ethical concerns, unpredictably changing technology, taste, food preferences, local culture, adequacy of governmental implementation of WTO standards, and the reliability of scientific opinion. A basic conflict has crystallized: food as culture versus food as commerce. The WTO/SPS approach is increasingly challenged for its balance in favor of economic considerations, and for its visible undermining of unique cultural identities. This important book explores the relationship between the SPS Agreement, food traditions, science, and technology. It deliberately confronts those trade experts who refuse to allow other social sciences to influence their economics-based trade theory. The author ably investigates the local perception of food and food safety from the anthropological and historical points of view, the evolution of food production technologies, and the medicinal, proscriptive (taboo) and security aspects of food that continue to prevail in nearly all cultures today. She succeeds in demonstrating that, no matter how strong the faith in science and economics, it is unwise to flagrantly dismiss the deeply rooted beliefs of billions of people, a huge majority of the world's population. The Beef Hormones case; the remaining sovereignty related to food safety measures; the increasing significance of "appropriate levels of protection" and "the precautionary principle"; the redefinition of "food hazard" to include production processes as well as food itself; genetically modified seeds and food products; the concept of "risk" in the science-based context of the Codex Alimentarius - these are among the issues and topics covered in depth. The author concludes that, although quick "legal" resolutions of trade disputes about what people should or should not eat might provide a "win" for open trade, support for the entire structure and rationale of the WTO is undermined unless (at the least) some flexibility of interpretation is introduced into the WTO Dispute Resolution System in order to recognize the weight and validity of public opinion. Food safety is arguably the most important issue affecting international commerce today, urgently demanding enlightened discussion and action based on global consensus. This well-researched and thoughtful contribution offers significant clarification and perspective to policymakers, lawyers, academics and others engaged in this critical human drama in progress on the world stage.

Food Safety and the WTO:The Interplay of Culture, Science and Technology

Food Safety and the WTO:The Interplay of Culture, Science and Technology PDF Author: Marsha Echols
Publisher: Kluwer Law International B.V.
ISBN: 9041198490
Category : Business & Economics
Languages : en
Pages : 194

Book Description
Today's international trade regime explicitly rejects cultural perceptions of what is safe to eat, overturning millennia of tradition. The World Trade Organization (WTO) Agreement on the Application of Sanitary and Phytosanitary Measures (SPS) enshrines "science" as the arbiter in resolving disputes involving this vital human need. This mandate, however, is under attack from many quarters. Critics cite environmental and ethical concerns, unpredictably changing technology, taste, food preferences, local culture, adequacy of governmental implementation of WTO standards, and the reliability of scientific opinion. A basic conflict has crystallized: food as culture versus food as commerce. The WTO/SPS approach is increasingly challenged for its balance in favor of economic considerations, and for its visible undermining of unique cultural identities. This important book explores the relationship between the SPS Agreement, food traditions, science, and technology. It deliberately confronts those trade experts who refuse to allow other social sciences to influence their economics-based trade theory. The author ably investigates the local perception of food and food safety from the anthropological and historical points of view, the evolution of food production technologies, and the medicinal, proscriptive (taboo) and security aspects of food that continue to prevail in nearly all cultures today. She succeeds in demonstrating that, no matter how strong the faith in science and economics, it is unwise to flagrantly dismiss the deeply rooted beliefs of billions of people, a huge majority of the world's population. The Beef Hormones case; the remaining sovereignty related to food safety measures; the increasing significance of "appropriate levels of protection" and "the precautionary principle"; the redefinition of "food hazard" to include production processes as well as food itself; genetically modified seeds and food products; the concept of "risk" in the science-based context of the Codex Alimentarius - these are among the issues and topics covered in depth. The author concludes that, although quick "legal" resolutions of trade disputes about what people should or should not eat might provide a "win" for open trade, support for the entire structure and rationale of the WTO is undermined unless (at the least) some flexibility of interpretation is introduced into the WTO Dispute Resolution System in order to recognize the weight and validity of public opinion. Food safety is arguably the most important issue affecting international commerce today, urgently demanding enlightened discussion and action based on global consensus. This well-researched and thoughtful contribution offers significant clarification and perspective to policymakers, lawyers, academics and others engaged in this critical human drama in progress on the world stage.

The Cultural Dimension of Human Rights

The Cultural Dimension of Human Rights PDF Author: Ana Vrdoljak
Publisher: OUP Oxford
ISBN: 0191004235
Category : Law
Languages : en
Pages : 340

Book Description
The intersections between culture and human rights have engaged some of the most heated and controversial debates across international law and theory. As understandings of culture have evolved in recent decades to encompass culture as ways of life, there has been a shift in emphasis from national cultures to cultural diversity within and across states. This has entailed a push to more fully articulate cultural rights within human rights law. This volume analyses a range of responses by international law, and particularly human rights law, to some of the thorniest, perennial, and sometimes violent confrontations fuelled by culture in relations between individuals, groups and the state in international society. Across the different issues tackled, the contributions are tied by one unifying thread - that culture is understood, protected and promoted not only for its physical manifestations. Rather, it is the relationship of culture to people, individually or in groups, and the diversity of these relationships which is being protected and promoted; hence, the fundamental overlap between culture and human rights.

Conflicting Philosophies and International Trade Law

Conflicting Philosophies and International Trade Law PDF Author: Michael Burkard
Publisher: Springer
ISBN: 3319610678
Category : Political Science
Languages : en
Pages : 442

Book Description
This book reveals how conflicting worldviews are at the root of public controversies on policy and trade issues. It highlights the particularly controversial disputes at the level of the World Trade Organization in the case of regulating beef-hormones and GMOs, aiming to show how negotiators of international agreements, members of dispute settlement bodies, and policy makers in general could have recourse to concepts of other disciplines such as epistemology and philosophy in order to address deadlocked legal disputes. Ultimately, the book is a manifesto for independent and critical research.

Sustainable Development in International Law Making and Trade

Sustainable Development in International Law Making and Trade PDF Author: Elisabeth Bürgi Bonanomi
Publisher: Edward Elgar Publishing
ISBN: 1784717274
Category : Business & Economics
Languages : en
Pages : 464

Book Description
This timely book provides an accessible insight into how the concept of sustainable development can be made operational through its translation into legal terms. Understood as a multidimensional legal principle, sustainable development facilitates coherent international law making. Using this notion as an analytical lens on the WTO Agreement on Agriculture, the book considers the unresolved question of what a sustainable and coherent agricultural trade agreement could look like.

Cultural Products and the World Trade Organization

Cultural Products and the World Trade Organization PDF Author: Tania Voon
Publisher: Cambridge University Press
ISBN: 1139464833
Category : Law
Languages : en
Pages : 39

Book Description
Debate about trade and culture has a long history, but the application of WTO rules to cultural products such as films, radio, and books remains one of the most divisive issues in the organization. After assessing the economic and social arguments for treating cultural products differently from things like steel or wheat, this 2007 book explains how the vastly different views of WTO members in earlier negotiations led to an outcome that is disappointing for all. It goes on to provide a comprehensive evaluation of possible solutions, including evolution of the law through WTO dispute settlement, an agreement outside the WTO, and reforms to improve the balance between trade liberalization and cultural policy objectives.

Food Law and Policy

Food Law and Policy PDF Author: Jacob E. Gersen
Publisher: Aspen Publishing
ISBN: 1454898410
Category : Law
Languages : en
Pages : 903

Book Description
Food Law and Policy surveys the elements of modern food law. It broadens the coverage of traditional food and drug law topics of safety, marketing, and nutrition, and includes law governing environment, international trade, and other legal aspects of the modern food system. The result is the first casebook that provides a comprehensive treatment of food law as a unique discipline. Key Features: Draws together cases with other regulatory materials such as rulemaking documents and agency requests for proposals for grant funding. Focuses on federal law and includes discussion of innovations in food law happening at the municipal, state and federal level. Covers the latest developments in food law.

Ethical and Socially Responsible Investment

Ethical and Socially Responsible Investment PDF Author: Dominic Broadhurt
Publisher: Walter de Gruyter
ISBN: 3598440065
Category : Business & Economics
Languages : en
Pages : 203

Book Description
Dieses neue Nachschlagewerk präsentiert mehr als 500 Informationsquellen zum Thema ethisch und sozial verantwortliche Investitionen. Es wendet sich an Informationsspezialisten, die im Bereich Wirtschaftsinformationen für den privaten wie öffentlichen Sektor tätig sind. Der Titel ist für alle, die mit Investitionsmanagement betraut sind oder relevante Informationen zu diesem Gebiet benötigen, eine unschätzbare Quelle aktueller Daten, handelt es sich doch um das umfangreichste Nachschlagewerk, das bislang zu diesem Thema veröffentlicht wurde. Das Buch deckt alle zentralen Bereiche innerhalb der sozial verantwortlichen Investitionen (SRI) ab: Umwelt, Menschenrechte, Arbeitsbedingungen, Tierschutz, Rüstungsfragen, Lebensmittelsicherheit, sexuelle Ausbeutung, Gesundheit, Sicherheit und Tabak. Die Informationsquellen zu jedem dieser Aspekte wurden einzeln ausgesucht, gründlich hinsichtlich der behandelten Themen analysiert und bewertet sowie mit vollständigen Kontaktangaben versehen. Das Spektrum der Quellen reicht von Büchern und Zeitschriften zu Websites und professionellen Einrichtungen. Der konkurrenzlose und benutzerfreundlich gestaltete Titel bietet allen, die im Bereich ethisch und sozial verantwortlicher Investitionen tätig sind, eine Auswahl der besten einschlägigen Informationsquellen.

Regulating Health and Environmental Risks Under WTO Law

Regulating Health and Environmental Risks Under WTO Law PDF Author: Lukasz Gruszczynski
Publisher: OUP Oxford
ISBN: 0199578923
Category : Law
Languages : en
Pages : 327

Book Description
The central problem that this book tackles is whether the system established by the SPS Agreement can address the existing and potential challenges of a new interdependent world. It provides a critical examination of the substantive provisions of the agreement and corresponding case law.

Research Handbook on Environment, Health and the WTO

Research Handbook on Environment, Health and the WTO PDF Author: Geert van Calster
Publisher: Edward Elgar Publishing
ISBN: 1781006148
Category : Political Science
Languages : en
Pages : 857

Book Description
ÔThis edited collection brings together an impressive array of authors from the world of international trade, the environment and public health. Each of them is eminently well-placed to bring their own particular expertise to bear on the issue at hand, and to do so in a knowledgeable and stimulating manner. This Research Handbook is a must for anyone interested in these overlapping fields of law and policy whether as a basis for learning or as a resource for further research.Õ Ð Mary Footer, University of Nottingham School of Law, UK ÔThis fantastic collection of essays explores the multiple intersections between trade and environment in the WTO. The contributions by leading scholars are theoretically engaged whilst practical in their focus. It is a Òmust readÓ for those concerned to ensure that trade liberalisation does not stand in the way of sustainable development, including urgently needed action to mitigate the risks and consequences of climate change.Õ Ð Joanne Scott, University College London, UK ÔGeert Van Calster and Denise PrŽvost have managed to induce virtually all the great experts on health, environment and WTO law to contribute to their Research Handbook on these subjects. The result is undoubtedly an excellent volume that should adorn the bookcase of any and all interested in the important problem of the relation between international rule-making and regulatory autonomy of states in this area of international economic law.Õ Ð Pieter Jan Kuijper, University of Amsterdam, The Netherlands This Handbook provides state-of-the-art analysis by leading authors on the links between the international trade regime and health and environment concerns Ð concerns that make up an increasing proportion of WTO dispute settlement. Research Handbook on Environment, Health and the WTO surveys fields as diverse as climate change mitigation, non-communicable diseases, nanotechnology and public health care. The volume brings to the fore the debates and complexities surrounding these issues and their implications for the international trading system. The Handbook begins in Part I with a survey of general issues that sets a context for the more specific sectorial studies. Part II considers the most pressing issues within health regulation and trade law, whilst Part III is devoted to environmental regulation and its interface with trade law. Part IV looks specifically at aspects of the dispute settlement process and in particular standard of review, and the book concludes in Part V with a consideration of the impact of trade measures on the health and environment regimes of emerging economies. This comprehensive yet concise Handbook will appeal to academics and researchers in international trade law and environmental law, as well as trade law practitioners.

Agriculture and the WTO

Agriculture and the WTO PDF Author: Fiona Smith
Publisher: Edward Elgar Publishing
ISBN: 1848449410
Category : Political Science
Languages : en
Pages : 185

Book Description
This is an insightful book of ideas offering an alternative conceptualisation of the problems of international agricultural trade, which are seen as polycentric and so must be managed rather than resolved. It demonstrates that where there is convergence without genuine agreement on the meaning no specific resolution can be achieved. The author is to be commended for offering a valuable springboard for further reflection on the management of the problems of international agricultural trade. Joseph McMahon, University College Dublin, Ireland International agricultural trade regulation remains problematic despite the creation of the WTO and a specific Agreement on Agriculture in 1995. Fiona Smith challenges this orthodoxy and presents a new conceptual method by which the problem of international agricultural trade in the WTO can be understood. Attempts to revise the rules in the Doha Development Round of multilateral trade talks have repeatedly stalled as negotiators grapple with what is perceived to be the problem of international agricultural trade. Issues such as how best to address the contemporary challenges to market liberalisation whilst preserving the environment, difficulties of biofuels, development, human rights and the demands of the changing nature of global governance are all examined in this timely book. Challenging convention and introducing new concepts, Agriculture and the WTO will strongly appeal to academics working in the fields of international agricultural trade, international relations, international economic law, agriculture law and policy. It will also be warmly welcomed by policymakers and graduate students with a special interest in international agricultural trade.