Trade Health And The Burden Of Proof In Wto Law

Author : Joachim Ahman
Publisher : Kluwer Law International B.V.
Page : 352 pages
File Size : 43,8 Mb
Release : 2011-12-05
Category : Law
ISBN : 9789041142917

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Trade, Health, and the Burden of Proof in WTO Law by Joachim Ahman Pdf

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.

Author : George A. Bermann,Petros C. Mavroidis
Publisher : Cambridge University Press
Page : 358 pages
File Size : 52,6 Mb
Release : 2006-01-23
Category : Law
ISBN : 0521855284

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Trade and Human Health and Safety by George A. Bermann,Petros C. Mavroidis Pdf

This book discusses the standards established for the regulation of public health and safety issues.

Author : Michelle T. Grando
Publisher : Oxford University Press
Page : 446 pages
File Size : 54,7 Mb
Release : 2009-12-24
Category : Law
ISBN : 9780199572649

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Evidence, Proof, and Fact-Finding in WTO Dispute Settlement by Michelle T. Grando Pdf

This book examines how a World Trade Organization (WTO) dispute settlement panel formulates its conclusions with respect to the facts of a dispute brought before it. It does so by discussing the legal concepts which shape the process of fact-finding, analysing the approach taken by panels thus far and offering suggestions for improvement.

Author : Tracey Epps
Publisher : Edward Elgar Publishing
Page : 365 pages
File Size : 44,5 Mb
Release : 2008-01-01
Category : Technology & Engineering
ISBN : 9781848443877

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International Trade and Health Protection by Tracey Epps Pdf

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.

Author : Mitsuo Matsushita,Thomas J. Schoenbaum,Petros C. Mavroidis,Michael Hahn
Publisher : Oxford University Press
Page : 942 pages
File Size : 40,5 Mb
Release : 2015
Category : Business & Economics
ISBN : 9780199571857

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The World Trade Organization by Mitsuo Matsushita,Thomas J. Schoenbaum,Petros C. Mavroidis,Michael Hahn Pdf

This is a comprehensive overview of the law and practice of the World Trade Organization. It begins with the institutional law of the WTO, moving eventually to the consequences of globalization. New chapters on Trade in Agriculture and on Government Procurement and Trade.

Author : World Intellectual Property Organization
Publisher : WIPO
Page : 259 pages
File Size : 44,7 Mb
Release : 2013
Category : Law
ISBN : 9789280523089

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Promoting Access to Medical Technologies and Innovation - Intersections between Public Health, Intellectual Property and Trade by World Intellectual Property Organization Pdf

This study has emerged from an ongoing program of trilateral cooperation between WHO, WTO and WIPO. It responds to an increasing demand, particularly in developing countries, for strengthened capacity for informed policy-making in areas of intersection between health, trade and IP, focusing on access to and innovation of medicines and other medical technologies.

Author : Merit E. Janow,Victoria Donaldson,Alan Yanovich
Publisher : Juris Publishing, Inc.
Page : 31 pages
File Size : 40,6 Mb
Release : 2008-01-01
Category : Business & Economics
ISBN : 9781578232321

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The WTO by Merit E. Janow,Victoria Donaldson,Alan Yanovich Pdf

This volume brings together essays by world-renowned leaders in the field of international trade examining the operation of the WTO and its dispute settlement system. The experts who have contributed to this book include policymakers, scholars, lawyers and diplomats. Two major areas of inquiry are undertaken. The first half of this volume examines the governance and operation of the WTO and the international trading system. It pays particular attention to issues that affect developing country members of the WTO. The second half of this volume contains a detailed examination of the performance, operation, and challenges of the WTO's dispute settlement system. This book is an outgrowth of a conference held at Columbia University in New York in the spring of 2006. The conference was the last of a series of five regional gatherings held around the world to commemorate the 10th anniversary of the WTO and its dispute settlement system. This volume includes essays that shed further light on some of the themes raised in those discussions, as well as edited transcripts from that conference.

Author : Thilo Rensmann
Publisher : Springer
Page : 376 pages
File Size : 44,7 Mb
Release : 2017-07-20
Category : Law
ISBN : 9783319566634

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Mega-Regional Trade Agreements by Thilo Rensmann Pdf

This book provides an in-depth analysis of "Mega-Regionals", the new generation of trans-regional free-trade agreements (FTAs) currently under negotiation, and their effect on the future of international economic law. The main focus centres on the EU-US Transatlantic Trade and Investment Partnership (TTIP), the Trans-Pacific Partnership (TPP) and the EU-Canada Comprehensive Economic and Trade Agreement (CETA), but the findings are also applicable to similar agreements under negotiation, such as the Regional Comprehensive Economic Partnership (RCEP).The specific features of Mega-Regional Trade Agreements raise a number of issues with respect to their potential effect on the current system of international trade and investment law. These include the consequences of Mega-Regionals for the most-favoured-nation (MFN) principle, their relation to the multilateral system of the World Trade Organization (WTO), their democratic legitimacy and their interaction with existing bilateral investment treaties (BITs).The book is intended for academics and practitioners working in the field of international economic law.

Author : Petros C. Mavroidis,Andre Sapir
Publisher : Princeton University Press
Page : 262 pages
File Size : 43,8 Mb
Release : 2021-01-05
Category : Business & Economics
ISBN : 9780691206592

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China and the WTO by Petros C. Mavroidis,Andre Sapir Pdf

"China's accession to the World Trade Organisation (WTO) in 2001 was hailed as the natural conclusion of a long march that started with the reforms introduced by Deng Xiaoping in the 1970s. However, China's participation in the WTO since joining has been anything but smooth, and its self-proclaimed "socialist market economy" system has alienated many of its global trading partners - as recent tensions with the United States exemplify. Prevailing diplomatic attitudes tend to focus on two diametrically opposing approaches to dealing with the emerging problems: the first is to demand that China completely overhaul its economic regime; the second is to stay idle and accept that the WTO must accommodate different economic regimes, no matter how idiosyncratic and incompatible. In this book, Mavroidis and Sapir propose a third approach. They point out that, while the WTO (as well as its predecessor, the General Agreement on Tariffs and Trade [GATT]) has previously managed the accession of socialist countries or of big trading nations, it has never before dealt with a country as large or as powerful as China. Therefore, in order to simultaneously uphold its core principles and accommodate China's unique geopolitical position, the authors argue that the WTO needs to translate some of its implicit legal understanding into explicit treaty language. Focusing on two core complaints - that Chinese state-owned enterprises (SOEs) benefit from unfair trade advantages, and that domestic companies (both private as well as SOEs) impose forced technology transfer on foreign companies as a condition for accessing the Chinese market - they lay out their specific proposals for successful legislative amendment"--.

Author : Anonim
Publisher : Unknown
Page : 2339 pages
File Size : 53,5 Mb
Release : 2012
Category : International economic relations
ISBN : 1316090035

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WTO Analytical Index by Anonim Pdf

The WTO Analytical Index is a comprehensive guide to the interpretation and application of the WTO Agreements by the Appellate Body, dispute settlement panels and other WTO bodies. It contains extracts of key pronouncements and findings from tens of thousands of pages of WTO jurisprudence, including panel reports, Appellate Body reports, Article 21.3(c) awards and Article 22.6 decisions. This unique work will be of assistance to anyone working in the field of WTO law, including lawyers, economists, academics and students. It is produced by the Legal Affairs Division of the WTO Secretariat with contributions from other divisions of the Secretariat and the Appellate Body Secretariat. The third edition of the WTO Analytical Index covers developments in WTO law and practice over the period January 1995 to September 2011.

Author : Craig VanGrasstek
Publisher : Unknown
Page : 704 pages
File Size : 53,6 Mb
Release : 2013
Category : Business & Economics
ISBN : UCSD:31822040886871

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The History and Future of the World Trade Organization by Craig VanGrasstek Pdf

This comprehensive account of the establishment of the WTO focuses on those who shaped its creation as well as those who have influenced its evolution. It also examines trade negotiations, the WTO's dispute settlement role, the process of joining, and what lies ahead for the organization.

Author : Wolfgang Weiß,Cornelia Furculita
Publisher : Springer Nature
Page : 281 pages
File Size : 50,8 Mb
Release : 2020-02-24
Category : Law
ISBN : 9783030345884

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Global Politics and EU Trade Policy by Wolfgang Weiß,Cornelia Furculita Pdf

This book explores how the European Union designs its trade policy to face the most recent challenges and to influence global policy issues. It provides with an interdisciplinary perspective, by combining legal, political, and economic approaches. It studies a broad set of trade instruments that are used by the EU in its trade policy, such as: trade agreements, multilateral initiatives, unilateral trade policies, as well as, internal market tools. Therefore, the contributions to this volume present the EU’s Trade Policy through different lenses providing a complex view of it.

Author : Boris Rigod
Publisher : Cambridge University Press
Page : 321 pages
File Size : 50,9 Mb
Release : 2015-11-13
Category : Business & Economics
ISBN : 9781107116122

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Optimal Regulation and the Law of International Trade by Boris Rigod Pdf

This book applies a law and economics methodology to enquire into the interface between regulation and international trade law.

Author : United States. Congress. Senate. Committee on Finance
Publisher : Unknown
Page : 80 pages
File Size : 47,6 Mb
Release : 1995
Category : Law
ISBN : PSU:000024387729

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World Trade Organization (WTO) Dispute Settlement Review Commission Act by United States. Congress. Senate. Committee on Finance Pdf

Author : Lukasz Gruszczynski
Publisher : OUP Oxford
Page : 327 pages
File Size : 49,7 Mb
Release : 2010
Category : Law
ISBN : 9780199578924

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Regulating Health and Environmental Risks Under WTO Law by Lukasz Gruszczynski Pdf

The central problem that this book tackles is whether the system established by the SPS Agreement can address the existing and potential challenges of a new interdependent world. It provides a critical examination of the substantive provisions of the agreement and corresponding case law.