This book examines the intersection of WTO trade liberalization rules and domestic health protection, a subject that is of considerable interest to those concerned that the WTO impinges on national regulatory autonomy. In analyzing the tension between health protection and trade liberalization, the book focuses on the way in which this tension is (or is not) resolved through the dispute resolution process. It offers a detailed analysis of the relevant WTO rules and case law, identifying particular concerns relating to the ability of WTO members to take protective action in circumstances of scientific uncertainty and the role of social and cultural factors in the making of health-related regulations. The nature of scientific evidence and the extent to which the scientific process internalizes uncertainty is further explored, drawing on documentation relating to the theory and conduct of scientific risk assessment. Despite the popularity of the precautionary principle in some quarters, it is suggested that it may not be advisable for the WTO to adopt that principle. Rather, further attention should be paid to the role that the standard of review might play in easing the tensions that arise when a sovereign state’s health regulations are reviewed by the WTO. The origins of the WTO’s “objective assessment†standard of review are explained, but the standard itself is criticized. Options for developing the standard of review are considered, with a “reasonable regulator†standard based on the Asbestos case proposed. The book takes a comparative approach, drawing on ECJ cases reviewing Member State and Community health measures as well as US judicial review and commerce clause cases.
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a thoughtful, lucidly written and interesting account of a very important and difficult issue.Michael LennardAustralian Year Book of International Law, Vol 25April 2007
About the Author
Catherine Button was educated at the Universities of Melbourne and Oxford,and now practises law at Minter Ellison's Melbourne office, specialising in dispute settlement.
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Inside This Book
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Key Phrases - Statistically Improbable Phrases (SIPs):
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objective assessment standard, risk assessment discipline, reasonable regulator, national health measures, loose proportionality, national health regulations, proportionality review, consultations dated, intrusive review, harmonisation provisions, procedural review, other legitimate factors, justification discipline, negative trade effects, regulatory autonomy, complaining member, safeguards approach, proportionality analysis, precautionary principle, justification criterion, sufficient scientific evidence, safeguards cases, scientific risk assessment, protectionist abuse, available pertinent information Key Phrases - Capitalized Phrases (CAPs): (learn more)
Appellate Body, Member States, Anti-Dumping Agreement, Uruguay Round, Agreement Art, World Trade, Commission Communication, Commission's Communication, International Trade Law, European Commission, Application of Risk Analysis, Criminal Proceedings, General Agreement, Food Standards Issues, Supreme Court, Thai Cigarettes, Technical Barriers, Free Trade, German Beer, Fur Felt Hat, Malt Beverages, Safeguards Agreement, Ann Arbor, Southern Pacific, Vienna Convention New!
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objective assessment standard, risk assessment discipline, reasonable regulator, national health measures, loose proportionality, national health regulations, proportionality review, consultations dated, intrusive review, harmonisation provisions, procedural review, other legitimate factors, justification discipline, negative trade effects, regulatory autonomy, complaining member, safeguards approach, proportionality analysis, precautionary principle, justification criterion, sufficient scientific evidence, safeguards cases, scientific risk assessment, protectionist abuse, available pertinent information Key Phrases - Capitalized Phrases (CAPs): (learn more)
Appellate Body, Member States, Anti-Dumping Agreement, Uruguay Round, Agreement Art, World Trade, Commission Communication, Commission's Communication, International Trade Law, European Commission, Application of Risk Analysis, Criminal Proceedings, General Agreement, Food Standards Issues, Supreme Court, Thai Cigarettes, Technical Barriers, Free Trade, German Beer, Fur Felt Hat, Malt Beverages, Safeguards Agreement, Ann Arbor, Southern Pacific, Vienna Convention New!
Books on Related Topics | Concordance | Text Stats Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Surprise Me!
Books on Related Topics
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