Trade and Human Health and Safety

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.

1. A map of the WTO Law of Domestic Regulation of Goods Gabrielle Marceau and Joel Trachtman; 2. The WTO impact on internal regulations - a case study of the Canada–EC Asbestos Dispute Robert Howse and Elizabeth Turk; 3. Reflections on the Appellate Body decision in the Hormones Case and the meaning of the SPS Agreement William J. Davey; 4. The Salmon Case: evolution of balancing mechanisms for non-trade values in WTO Frank Garcia; 5. Lotus Eaters: reflections on the varietals dispute, the SPS Agreement and WTO Dispute Resolution Jeffrey L. Dunoff; 6. Regulatory purpose and 'like products' in Article III:4 of the GATT (with additional remarks on Article III:2) Don Regan; 7. The WTO standard of review in Health and Safety Disputes David Palmeter; 8. Expert advice in WTO dispute in Dispute Settlement Joost Puawelyn; 9. Domestic regulation, sovereignty and scientific evidence requirements: a pessimistic view Alan Sykes; 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 Ernst-Ulrich Petersmann.

This 2006 book gathers papers from distinguished experts discussing how health-based trade-restrictive measures have fared in WTO case law. The volume aims 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.