Download The Power To Protect: Trade, Health And Uncertainty In The by Catherine Button PDF
By Catherine Button
This booklet examines the intersection of WTO exchange liberalization ideas and family well-being safeguard, a subject matter that's of substantial curiosity to these involved that the WTO impinges on nationwide regulatory autonomy. In interpreting the stress among future health safeguard and exchange liberalization, the ebook specializes in the best way this rigidity is (or isn't) resolved throughout the dispute solution technique. It bargains an in depth research of the proper WTO principles and case legislations, picking specific matters with regards to the power of WTO participants to take protecting motion in situations of medical uncertainty and the position of social and cultural elements within the making of health-related laws. the character of clinical proof and the level to which the medical procedure internalizes uncertainty is additional explored, drawing on documentation on the subject of the speculation and behavior of medical chance evaluate. regardless of the recognition of the precautionary precept in a few quarters, it is strongly recommended that it could now not be a good idea for the WTO to undertake that precept. particularly, additional recognition can be paid to the function that the normal of evaluation could play in easing the tensions that come up whilst a sovereign state’s future health rules are reviewed through the WTO. The origins of the WTO’s “objective evaluation” general of evaluation are defined, however the commonplace itself is criticized. concepts for constructing the normal of overview are thought of, with a “reasonable regulator” normal according to the Asbestos case proposed. The ebook takes a comparative strategy, drawing on ECJ circumstances reviewing Member kingdom and neighborhood healthiness measures in addition to US judicial evaluate and trade clause situations.
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Additional info for The Power To Protect: Trade, Health And Uncertainty In The WTO (Studies in International Trade Law)
Example text
The relativity and elusiveness of likeness has been recognised by GATT and WTO panels and by the Appellate Body. 19 Rather, a number of factors which are relevant to likeness have been identified, but the emphasis remains firmly on assessing likeness on a case-by-case basis. Not only does likeness depend heavily on the circumstances of the case, but the scope of likeness is also said to vary with the provision in which the expression occurs: The concept of ‘likeness’ is a relative one that evokes the image of an accordion.
44 The 39 Asbestos AB Report (n 14) para 103. Asbestos AB Report (n 14) para 113. 41 Asbestos AB Report (n 14) para 114. 42 Asbestos AB Report (n 14) para 118. 43 Asbestos AB Report (n 14) para 121. Note that, although the AB took a narrow approach to who the relevant consumers are by finding that manufacturers are the ‘consumers’ of chrysotile fibres, it did acknowledge that those manufacturers would be influenced by the opinions of their ultimate consumers: para 122. 44 Cf Regan, who sees the decision as opening the way to consider regulatory purpose as an aspect of likeness: DH Regan ‘Regulatory Purpose and “Like Products” in Article III:4 of GATT (With Additional Remarks on Article III:2’ (2002) 36 JWT 443.
It is important to have a clear idea of how the SPS Agreement, the TBT Agreement and GATT fit together in order to appreciate the continuing significance of the GATT disciplines. The SPS Agreement only applies to SPS measures. SPS measures are a subset of the health measures covered by Article XX(b). ’9 Accordingly, the TBT Agreement also covers some of the trade-limiting measures falling under GATT Article XX(b). The diagram below shows that, of all the health measures covered by Article XX(b), some will fall within the SPS Agreement and some will fall within the TBT Agreement (which also covers some non-health measures).