International Trade and Health Protection

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Author :
Release : 2008
Genre : Law
Kind :
Book Rating : 572/5 ( reviews)

International Trade and Health Protection - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook International Trade and Health Protection write by Tracey Epps. This book was released on 2008. International Trade and Health Protection available in PDF, EPUB and Kindle. 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.

International Trade and Health Protection

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Author :
Release : 2008-01-01
Genre : Technology & Engineering
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Book Rating : 870/5 ( reviews)

International Trade and Health Protection - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook International Trade and Health Protection write by Tracey Epps. This book was released on 2008-01-01. International Trade and Health Protection available in PDF, EPUB and Kindle. 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.

Medical Trade, Public Health, and the Law

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Release : 2023-05-05
Genre : Law
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Book Rating : 241/5 ( reviews)

Medical Trade, Public Health, and the Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Medical Trade, Public Health, and the Law write by Nayung Kim. This book was released on 2023-05-05. Medical Trade, Public Health, and the Law available in PDF, EPUB and Kindle. 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, Health, and the Burden of Proof in WTO Law

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Release : 2011-12-05
Genre : Law
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Book Rating : 916/5 ( reviews)

Trade, Health, and the Burden of Proof in WTO Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Trade, Health, and the Burden of Proof in WTO Law write by Joachim Ahman. This book was released on 2011-12-05. Trade, Health, and the Burden of Proof in WTO Law available in PDF, EPUB and Kindle. 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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Release : 2006-01-23
Genre : Law
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Book Rating : 280/5 ( reviews)

Trade and Human Health and Safety - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Trade and Human Health and Safety write by George A. Bermann. This book was released on 2006-01-23. Trade and Human Health and Safety available in PDF, EPUB and Kindle. This book discusses the standards established for the regulation of public health and safety issues.