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 Liberalisation, Health Protection, and the Burden of Proof in WTO Law
Trade Liberalisation, Health Protection, 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 Liberalisation, Health Protection, and the Burden of Proof in WTO Law write by Joachim Åhman. This book was released on 2011. Trade Liberalisation, Health Protection, and the Burden of Proof in WTO Law available in PDF, EPUB and Kindle.
International Trade and Health Protection
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.
The Power to Protect
The Power to Protect - 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 The Power to Protect write by Catherine Button. This book was released on 2004. The Power to Protect available in PDF, EPUB and Kindle. Examines the intersection of WTO trade liberalisation rules and domestic health protection, a subject of considerable interest to those concerned that the WTO impinges on national regulatory autonomy. It analyses the tension between health protection and trade liberalisation, and how disputes are resolved. Melbourne author.
Trade and Human Health and Safety
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 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.
