基本説明
New in paperback. Hardcover was published in 2006. Discussing how health based trade restrictive measures have fared in WTO case law.
Full Description
This book gathers papers from distinguished experts discussing how health-based trade-restrictive measures have fared in WTO case law. With an analysis of applicable primary law (GATT, TBT, and SPS) and all case law in the area of trade and health, this book offers a comprehensive discussion on the standards established for the regulation of public health and safety issues. Experts in the field answer two important questions: how can a country which is a member of the WTO define its policy on health issues; and what are the WTO constraints on the exercise of health policy, if any? The various contributions in this volume aim to demonstrate how the world trading regime has come of age and accepted that trade liberalization cannot take place at the expense of nationally defined social values.
Table of Contents
Preface to the Series vii
Introductory Remarks 1 (8)
George A. Bermann
Petros C. Mavroidis
1 A Map of the World Trade Organization Law 9 (68)
of Domestic Regulation of Goods
Gabrielle Marceau
Joel P. Trachtman
2 The WTO Impact on Internal Regulations: A 77 (41)
Case Study of the Canada-EC Asbestos Dispute
Robert Howse
Elisabeth Turk
3 Reflections on the Appellate Body 118(15)
Decision in the Hormones Case and the
Meaning of the SPS Agreement
William J. Davey
4 The Salmon Case: Evolution of Balancing 133(20)
Mechanisms for Non-Trade Values in WTO
Frank J. Garcia
5 Lotus Eaters: Reflections on the 153(37)
Varietals Dispute, the SPS Agreement and
WTO Dispute Resolution
Jeffrey L. Dunoff
6 Regulatory Purpose and "Like Products" in 190(34)
Article III:4 of the GATT (with Additional
Remarks on Article III:2)
Donald H. Regan
7 The WTO Standard of Review in Health and 224(11)
Safety Disputes
David Palmeter
8 Expert Advice in WTO Dispute Settlement 235(22)
Joost Pauwelyn
9 Domestic Regulation, Sovereignty and 257(14)
Scientific Evidence Requirements: A
Pessimistic View
Alan O. Sykes
10 Time for a United Nations' "Global 271(56)
Compact" for Integrating Human Rights into
the Law of Worldwide Organizations: Lessons
from European Integration Law for Global
Integration Law
Ernst-Ulrich Petersmann
Index 327
