Trade and Human Health and Safety

doi:10.1017/CBO9780511511325

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.

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Contents

Frontmatter
pp i-iv
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Contents
pp v-vi
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Preface to the Series
pp vii-viii
- By George A. Bermann, Walter Gellhorn Professor of Law and Jean Monnet Professor of European Union Law, Columbia Law School; Director of the European Legal Studies Center Columbia, Petros C. Mavroidis, Edwin B. Parker Professor of Foreign and Comparative Law, Columbia Law School; Professor University of Neuchatel (Switzerland)
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Introductory Remarks
pp 1-8
- By George A. Bermann, Walter Gellhorn Professor of Law and Jean Monnet Professor of European Union Law, Columbia Law School; Director of the European Legal Studies Center Columbia, Petros C. Mavroidis, Edwin B. Parker Professor of Foreign and Comparative Law, Columbia Law School; Professor University of Neuchatel (Switzerland)
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1 - A Map of the World Trade Organization Law of Domestic Regulation of Goods
pp 9-76
- By Gabrielle Marceau, Joel P. Trachtman
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2 - The WTO Impact on Internal Regulations: A Case Study of the Canada–EC Asbestos Dispute
pp 77-117
- By Robert Howse, Elisabeth Türk
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3 - Reflections on the Appellate Body Decision in the Hormones Case and the Meaning of the SPS Agreement
pp 118-132
- By William J. Davey
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4 - The Salmon Case: Evolution of Balancing Mechanisms for Non-Trade Values in WTO
pp 133-152
- By Frank J. Garcia
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5 - Lotus Eaters: Reflections on the Varietals Dispute, the SPS Agreement and WTO Dispute Resolution
pp 153-189
- By Jeffrey L. Dunoff
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6 - Regulatory Purpose and “Like Products” in Article III:4 of the GATT (with Additional Remarks on Article III:2)
pp 190-223
- By Donald H. Regan
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7 - The WTO Standard of Review in Health and Safety Disputes
pp 224-234
- By David Palmeter
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8 - Expert Advice in WTO Dispute Settlement
pp 235-256
- By Joost Pauwelyn
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9 - Domestic Regulation, Sovereignty and Scientific Evidence Requirements: A Pessimistic View
pp 257-270
- By Alan O. Sykes
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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
pp 271-326
- By Ernst-Ulrich Petersmann
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Index
pp 327-339
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Contents

Frontmatter
pp i-iv

Contents
pp v-vi

Preface to the Series
pp vii-viii

Introductory Remarks
pp 1-8

1 - A Map of the World Trade Organization Law of Domestic Regulation of Goods
pp 9-76

2 - The WTO Impact on Internal Regulations: A Case Study of the Canada–EC Asbestos Dispute
pp 77-117

3 - Reflections on the Appellate Body Decision in the Hormones Case and the Meaning of the SPS Agreement
pp 118-132

4 - The Salmon Case: Evolution of Balancing Mechanisms for Non-Trade Values in WTO
pp 133-152

5 - Lotus Eaters: Reflections on the Varietals Dispute, the SPS Agreement and WTO Dispute Resolution
pp 153-189

6 - Regulatory Purpose and “Like Products” in Article III:4 of the GATT (with Additional Remarks on Article III:2)
pp 190-223

7 - The WTO Standard of Review in Health and Safety Disputes
pp 224-234

8 - Expert Advice in WTO Dispute Settlement
pp 235-256

9 - Domestic Regulation, Sovereignty and Scientific Evidence Requirements: A Pessimistic View
pp 257-270

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
pp 271-326

Index
pp 327-339

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Trade and Human Health and Safety

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