International Trade And Health Protection
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International Trade And Health Protection
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Author : Tracey Epps
language : en
Publisher: Edward Elgar Publishing
Release Date : 2008-01-01
International Trade And Health Protection written by Tracey Epps and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-01 with Technology & Engineering categories.
This detailed and fully referenced text is a valuable resource both for practitioners and academics. Michael Blakeney, International Trade Law and Regulation Interspersing law with societal context, this volume by Dr Epps stands out among WTO analysis. The author offers a delightfully balanced view on the nature and origin of SPS measures (including references to history) whilst at the same time mastering the hard law of the SPS Agreement in detail. Practitioners will enjoy the detailed analysis of WTO dispute settlement. A reference book for practice and academia, and also a very, very good read. Geert Van Calster, Katholieke Universiteit, Leuven, Belgium This book examines and critiques the WTO s Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement), asking whether it strikes an appropriate balance between conflicting domestic health protection and trade liberalization objectives. It pays particular attention to situations likely to occur but not yet fully examined either in the literature or in WTO law; most importantly, where public opinion demands regulation in the face of scientific uncertainty as to the existence or otherwise of a health risk. Tracey Epps concludes that the SPS Agreement s science-based framework is capable of dealing with the differing objectives of health and trade, and that it provides countries with more flexibility to respond to scientific uncertainties and public sentiment than many critics contend. This conclusion is strongly influenced by a positive analysis of domestic regulatory decision-making, which finds potential for regulatory capture by domestic protectionist interests and thus emphasizes the importance of ensuring that decisions are made on a sound and principled basis. Including a historical overview of disputes over trade and health since the 1800s, this book provides a comprehensive analysis of and new perspective on an important area of intersection between international trade law and domestic policy. It will be of interest to a wide-ranging audience including legal and non-legal academics, policy makers and analysts in the field of risk regulation, trade law practitioners in governments, and lawyers and analysts in international institutions.
Trade Health And The Burden Of Proof In Wto Law
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Author : Joachim Ahman
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2011-12-05
Trade Health And The Burden Of Proof In Wto Law written by Joachim Ahman and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-12-05 with Law categories.
Most of us do not immediately think of health protection measures as trade barriers. Yet to the trade liberalization interest they are often exactly that--"hidden protectionism" some would say. When the conflict between trade and health hardens into a confrontation, allocation of the burden of proof becomes the critical factor in determining the outcome. And the outcome of such a WTO dispute may affect a very large number of people. This important book examines the WTO provisions applicable to health protection measures from a burden of proof perspective, with an up-to-date and thorough analysis of all relevant case law. It clearly demonstrates and explains the following and more: how burden of proof decisions, following from the burden of proof concept as it has developed in national legal systems and in general international law, may favour or disfavor different interests; the problems that may occur when risk-related facts have to be proved;how the legal facts in the WTO provisions specifically regulating the adoption of health protection measures have been interpreted in case law; and how the burden of proof concept can be used to balance the conflicting interests in ways other than those used so far. No other source offers such a comprehensive analysis of WTO provisions applicable to health protection measures. This book's burden of proof perspective makes it an especially valuable resource for trade law experts, WTO member representatives, and interested NGOs seeking to understand and discuss the balancing of health protection and trade liberalization.
Trade And Human Health And Safety
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Author : George A. Bermann
language : en
Publisher: Cambridge University Press
Release Date : 2006-01-23
Trade And Human Health And Safety written by George A. Bermann and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-01-23 with Law categories.
This book discusses the standards established for the regulation of public health and safety issues.
Medical Trade Public Health And The Law
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Author : Nayung Kim
language : en
Publisher: Taylor & Francis
Release Date : 2023-05-05
Medical Trade Public Health And The Law written by Nayung Kim and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-05 with Law categories.
Faced with evolving trade and health dynamics, this book presents a historical, conceptual, and empirical examination of public health and medical procurement in international trade law at a time of emergency. The work argues that the current trade framework is outdated and must be redesigned to suit the new needs of the 21st century. It identifies critical problems within the current international trade system that prevents it from effectively responding to pandemics, as well as to the emerging digital economy. Based on the analysis, the study puts forward specific suggestions to upgrade the current trade rules framework to prepare for future international public health emergencies and further digitalization of health services. The book will be a valuable resource for academics, researchers and policy-makers working in the areas of International Trade Law, Public Health Law and Medical Law.
Trade In Health Services
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Author : Nick Drager
language : en
Publisher: Pan American Health Organization
Release Date : 2002
Trade In Health Services written by Nick Drager and has been published by Pan American Health Organization this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Business & Economics categories.
Contains selected papers presented at the inter-regional meeting on health and trade issues, held in Washington DC in November 1999. The principal objective of the meeting was to identify and explore options for co-operation between the health service and trade sectors, in order to effectively develop health protection and promotion strategies.
The Power To Protect
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Author : Catherine Button
language : en
Publisher: Hart Publishing
Release Date : 2004-11
The Power To Protect written by Catherine Button and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-11 with Law categories.
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.
Trade Agreements And Public Health
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Author : Deborah Gleeson
language : en
Publisher: Springer Nature
Release Date : 2020-01-03
Trade Agreements And Public Health written by Deborah Gleeson and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-03 with Medical categories.
The need for policy coherence between trade and health has never been greater, yet few public health workers are equipped to navigate this complex field. This book aims to fill this gap, providing a focused and readable introduction to the topic. It introduces the principles underpinning trade treaties and examines the implications of trade rules for health services and access to medicines, unhealthy commodities, labour rights and the environment. It explores the trade policy making process, methods for trade and health research, and recommendations for strengthening policy coherence.
Trade And Health
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Author : Chantal Blouin
language : en
Publisher: McGill-Queen's Press - MQUP
Release Date : 2007
Trade And Health written by Chantal Blouin and has been published by McGill-Queen's Press - MQUP this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Business & Economics categories.
Integrating health objectives and international trade policies.
Food Safety Market Organization Trade And Development
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Author : Abdelhakim Hammoudi
language : en
Publisher: Springer
Release Date : 2015-05-13
Food Safety Market Organization Trade And Development written by Abdelhakim Hammoudi and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-13 with Business & Economics categories.
This book provides an economic perspective on the effects of food safety standards on international trade. Focusing on food safety regulation at an international level and private food safety standards, the authors use contemporary methodologies to analyze supply chain structures and organization as well as food-chain actors’ strategies. They also evaluate the effects of these on both consumer health and developing countries’ access to international markets. The book provides ideas, suggestions and policy recommendations for reconciling economic interests with consumer health, which will be of special interest to academics as well as to practitioners.
Human Rights And International Trade
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Author : Thomas Cottier
language : en
Publisher: International Economic Law
Release Date : 2005
Human Rights And International Trade written by Thomas Cottier and has been published by International Economic Law this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Business & Economics categories.
Economic globalization and respect for human rights are both highly topical issues. In theory, more trade should increase economic welfare and protection of human rights should ensure individual dignity. Both fields of law protect certain freedoms: economic development should lead to higherhuman rights standards, and UN embargoes are used to secure compliance with human rights agreements. However the interaction between trade liberalisation and human rights protection is complex, and recently, tension has arisen between these two areas. Do WTO obligations covering intellectual property prevent governments from implementing their human rights obligations, including rights to food or health? Is it fair to accord the benefits of trade subject to a clean human rights record? This book first examines the theoretical framework of the interaction between the disciplines of international trade law and human rights. It builds upon the well-known debate between Professor Ernst-Ulrich Petersmann, who construes trade obligations as human rights, and Professor Philip Alston,who warns of a merger and acquisition of human rights by trade law. From this starting point, further chapters explore the differing legal matrices of the two fields and examine how cooperation between them might be improved, both in international law-making and institutions, and in disputesettlement. The interaction between trade and human rights is then explored through seven case studies:freedom of expression and competition law; IP protection and health; agricultural trade and the right to food; trade restrictions on conflict diamonds; UN norms on transnational corporations; the new WHOconvention on tobacco control; and, finally, human rights conditionalities in preferential trade schemes.