Trade And Human Health And Safety.

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Bermann, George, Mavroidis, Petros

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ISBN:9780521855280
Editorial: Cambridge University Press
Fecha de la edición:2006
Encuadernación:Tapa dura
Dimensiones: 0 cm x 0 cm
Nº Pág.:339
Idiomas:Ingles

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/ Economía Internacional

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 - (1) How can a country which is a member of the WTO define its policy on health issues and (2) 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.

A map of the world trade organization law of domestic regulation of goods by Gabrielle Marceau and Joel P. Trachtman 9
2 The WTO impact on internal regulations : a case study of the Canada-EC Asbestos dispute by Robert Howse and Elisabeth Turk 77
3 Reflections on the appellate body decision in the Hormones case and the meaning of the SPS agreement by William J. Davey 118
4 The Salmon case : evolution of balancing mechanisms for non-trade values in WTO by Frank J. Garcia 133
5 Lotus eaters : reflections on the Varietals dispute, the SPS agreement and WTO dispute resolution by Jeffrey L. Dunoff 153
6 Regulatory purpose and "like products" in article III : 4 of the GATT (with additional remarks on article III : 2) by Donald H. Regan 190
7 The WTO standard of review in health and safety disputes by David Palmeter 224
8 Expert advice in WTO dispute settlement by Joost Pauwelyn 235
9 Domestic regulation, sovereignty and scientific evidence requirements : a pessimistic view by Alan O. Sykes 257
10 Time for a United Nations' "global compact" for integrating human rights into the law of Worldwide Organizations : lessons from European integration law for global integration law by Ernst-Ulrich Petersmann