基本説明
Provides state-of-the-art analysis on the links between the international trade regime and health and environment concerns.
Full Description
This Handbook provides state-of-the-art analysis by leading authors on the links between the international trade regime and health and environment concerns - 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.
Contents
Contents:
Preface
PART I: GENERAL ISSUES
1. The Precautionary Principle in Conflicts Law Perspectives
Alexia Herwig and Christian Joerges
2. Regulatory Purpose in GATT Article III, TBT Article 2.1, the Subsidies Agreement, and Elsewhere: Hic et Ubique
Donald H. Regan
3. Equivalence and Risk Regulation under the World Trade Organization's SPS Agreement
Marsha A. Echols
4. On the Efficiency of Health Measures and the 'Appropriate Level of Protection'
Jeffrey Atik
5. The International Organization for Standardization: Private Voluntary Standards as Swords and Shields
David A. Wirth
6. Law and Economics of the SPS Agreement: A Critical Perspective
Alessandra Arcuri
7. Trade, Environment and Animal Welfare: Conditioning Trade in Goods and Services on Conduct in Another Country?
Peter Morrison and Laura Nielsen
PART II: HEALTH REGULATION AND TRADE LAW
8. TRIPs and Access to Essential Medicines
Bryan Mercurio
9. Public Perception of Food Safety Risks under WTO Law: A Normative Perspective
Alberto Alemanno
10. Pre-market Approval Systems and the SPS Agreement
Tracey Epps
11. Scope of Application of the SPS Agreement: A Post-Biotech Analysis
Jacqueline Peel
12. GATS and Public Health Care: Reflecting on an Uneasy Relationship
Panagiotis Delimatsis
13. WTO Law and Risk Factors for Non-communicable Diseases: A Complex Relationship
Tania Voon
PART III: ENVIRONMENTAL REGULATION AND TRADE LAW
Section 1. Climate Change Mitigation
14. International Trade and Climate Change
Thomas Cottier and Nashina Shariff
15. Carbon Leakage Measures and Border Tax Adjustments under WTO Law
Joost Pauwelyn
16. Challenges for Technology Transfer in the Climate Change Arena: What Interactions with the TRIPS Agreement?
Dalindyebo Shabalala
17. Subsidies for Emissions Mitigation under WTO Law
Luca Rubini
18. Emission Trading Systems and WTO Law: A Typology of Interactions
Javier de Cendra de Larragán
Section 2. Other than Climate Change
19. Trade in Environmental Goods, with Focus on Climate-friendly Goods and Technologies
ZhongXiang Zhang
20. Emerging Technologies and the WTO: Comparing Biotechnology and Nanotechnology Regulations in the EU and the US
Heike Baumüller
PART IV: DISPUTE SETTLEMENT ISSUES
21. Standard of Review of Health and Environmental Regulations by WTO Panels
Lukasz Gruszczynski
PART V: EMERGING ECONOMIES AND HEALTH/ENVIRONMENTAL BARRIERS TO TRADE
22. The Impact of Sanitary and Phytosanitary Measures on India's Exports and the Challenges/Opportunities of the SPS Agreement
Kasturi Das
Index
