This book examines the intersection of WTO trade liberalisation rules
and domestic health protection, a subject that is of considerable
interest to those concerned that the WTO impinges on national
regulatory autonomy. In analysing the tension between health
protection and trade liberalisation, 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 internalises
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 criticised. 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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Produktdetaljer
ISBN
9781847310248
Publisert
2015
Utgave
1. utgave
Utgiver
Vendor
Hart Publishing
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter