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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.
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.
Author: Tracey Epps Publisher: Edward Elgar Publishing ISBN: 1848443870 Category : Technology & Engineering Languages : en Pages : 365
Book Description
This detailed and fully referenced text is a valuable resource both for practitioners and academics. Michael Blakeney, International Trade Law and Regulation Interspersing law with societal context, this volume by Dr Epps stands out among WTO analysis. The author offers a delightfully balanced view on the nature and origin of SPS measures (including references to history) whilst at the same time mastering the hard law of the SPS Agreement in detail. Practitioners will enjoy the detailed analysis of WTO dispute settlement. A reference book for practice and academia, and also a very, very good read. Geert Van Calster, Katholieke Universiteit, Leuven, Belgium This book examines and critiques the WTO s Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement), asking whether it strikes an appropriate balance between conflicting domestic health protection and trade liberalization objectives. It pays particular attention to situations likely to occur but not yet fully examined either in the literature or in WTO law; most importantly, where public opinion demands regulation in the face of scientific uncertainty as to the existence or otherwise of a health risk. Tracey Epps concludes that the SPS Agreement s science-based framework is capable of dealing with the differing objectives of health and trade, and that it provides countries with more flexibility to respond to scientific uncertainties and public sentiment than many critics contend. This conclusion is strongly influenced by a positive analysis of domestic regulatory decision-making, which finds potential for regulatory capture by domestic protectionist interests and thus emphasizes the importance of ensuring that decisions are made on a sound and principled basis. Including a historical overview of disputes over trade and health since the 1800s, this book provides a comprehensive analysis of and new perspective on an important area of intersection between international trade law and domestic policy. It will be of interest to a wide-ranging audience including legal and non-legal academics, policy makers and analysts in the field of risk regulation, trade law practitioners in governments, and lawyers and analysts in international institutions.
Author: Geert van Calster Publisher: Edward Elgar Publishing ISBN: 1781006148 Category : Political Science Languages : en Pages : 881
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.
Author: Amber Rose Maggio Publisher: Springer ISBN: 3319611550 Category : Law Languages : en Pages : 258
Book Description
This book explores the legal regime of non-product related process and production methods (NPR PPMs) in the context of trade-restrictive environmental measures, eco-labelling requirements and sanitary measures under the WTO. These issues serve as concrete, representative examples that raise broader questions about the legitimacy of the WTO dispute settlement system and help to explore the true position of WTO members in this complex legal regime. NPR PPMs are process and production methods that do not affect the product as such, meaning that there is no discernible difference in two products with different NPR PPMs. This work examines WTO states’ attempts to regulate in this regard and create product distinctions on the basis of NPR PPMs. To do so, it scrutinizes historical, institutional, substantive and case-law issues related to NPR PPMs, environmental policy and the WTO. Further, the book addresses the issues of legitimacy, regulatory space and reform, contributing to the lively debate on the future of the WTO.
Author: Jacqueline Peel Publisher: Cambridge University Press ISBN: 113949323X Category : Law Languages : en Pages : 417
Book Description
The regulation of risk is a preoccupation of contemporary global society and an increasingly important part of international law in areas ranging from environmental protection to international trade. This book examines a key aspect of international risk regulation - the way in which science and technical expertise are used in reaching decisions about how to assess and manage global risks. An interdisciplinary analysis is employed to illuminate how science has been used in international legal processes and global institutions such as the World Trade Organization. Case studies of risk regulation in international law are drawn from diverse fields including environmental treaty law, international trade law, food safety regulation and standard-setting, biosafety and chemicals regulation. The book also addresses the important question of the most appropriate balance between science and non-scientific inputs in different areas of international risk regulation.
Author: Joachim Ahman Publisher: Kluwer Law International B.V. ISBN: 9041142916 Category : Law Languages : en Pages : 352
Book Description
Most of us do not immediately think of health protection measures as trade barriers. Yet to the trade liberalization interest they are often exactly that--"hidden protectionism" some would say. When the conflict between trade and health hardens into a confrontation, allocation of the burden of proof becomes the critical factor in determining the outcome. And the outcome of such a WTO dispute may affect a very large number of people. This important book examines the WTO provisions applicable to health protection measures from a burden of proof perspective, with an up-to-date and thorough analysis of all relevant case law. It clearly demonstrates and explains the following and more: how burden of proof decisions, following from the burden of proof concept as it has developed in national legal systems and in general international law, may favour or disfavor different interests; the problems that may occur when risk-related facts have to be proved;how the legal facts in the WTO provisions specifically regulating the adoption of health protection measures have been interpreted in case law; and how the burden of proof concept can be used to balance the conflicting interests in ways other than those used so far. No other source offers such a comprehensive analysis of WTO provisions applicable to health protection measures. This book's burden of proof perspective makes it an especially valuable resource for trade law experts, WTO member representatives, and interested NGOs seeking to understand and discuss the balancing of health protection and trade liberalization.
Author: Trish Kelly Publisher: Edward Elgar Publishing ISBN: Category : International trade Languages : en Pages : 238
Book Description
Provides an analysis of the nine environmental and health disputes that have been adjudicated at the WTO since 1995. This book appeals not only to academics, be they economists, lawyers, political scientists, and academic libraries, but also practitioners, policymakers, and members of consumer, environmental, and business organizations.
Author: Robert Fraser Publisher: World Scientific ISBN: 1786347792 Category : Political Science Languages : en Pages : 210
Book Description
'This well-written and highly readable book makes a major contribution to advancing our understanding of the contribution that economics can make to analysing the impact of international trade policies for environmental risks … Regardless of the likelihood that the current WTO dispute settlement procedures can be changed in the way suggested by the authors of this book, it is essential reading for those interested in the contribution that economics can make to advancing our understanding of the implications of international trade law for environmental issues.'Journal of Agricultural EconomicsWe live in a world that is increasingly dependent on international trade in a context of substantial regional/national political tensions. Adding to this is an emerging understanding and concern about the social impact of biosecurity and ecosystem services risks associated with such trade. As the key international trade 'arbiter', the World Trade Organization (WTO) has never before faced such complexity within its decision-making remit.With increasing numbers of bilateral and regional agreements, as well as new developments emerging such as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) initiated by multi-national corporations in 2018, the WTO needs to implement ways of reinforcing its legitimacy and enhancing its relevance.This book provides an original analysis of these linked developments and delivers a timely contribution to resolving environment-related international trade disputes. It provides a clear roadmap for improving WTO trade dispute resolution procedures so both biosecurity and ecosystem services risks are considered in evaluating the social, economic and environmental impacts of international trade proposals. In so doing, the WTO should deliver enhanced multilateral social welfare.
Author: Lukasz Gruszczynski
Author: Lukasz Gruszczynski
Author: Tracey Epps
Author: Geert van Calster
Author: George A. Bermann
Author: Amber Rose Maggio
Author: Rüdiger Wolfrum
Author: Jacqueline Peel
Author: Joachim Ahman
Author: Trish Kelly
Author: Robert Fraser