Details
This Handbook provides state-of-the-art analysis by leading authors on the links between the international trade regime and health and environment concerns – concerns that make up an increasing proportion of WTO dispute settlement.
Research Handbook on Environment, Health and the WTO surveys fields as diverse as climate change mitigation, non-communicable diseases, nanotechnology and public health care. The volume brings to the fore the debates and complexities surrounding these issues and their implications for the international trading system.
The Handbook begins in Part I with a survey of general issues that sets a context for the more specific sectorial studies. Part II considers the most pressing issues within health regulation and trade law, whilst Part III is devoted to environmental regulation and its interface with trade law. Part IV looks specifically at aspects of the dispute settlement process and in particular standard of review, and the book concludes in Part V with a consideration of the impact of trade measures on the health and environment regimes of emerging economies.
This comprehensive yet concise Handbook will appeal to academics and researchers in international trade law and environmental law, as well as trade law practitioners.
Introduction
Geert Van Calster and Denise Prévost
PART I: GENERAL ISSUES
1. The Precautionary Principle as a Conflicts-law Instrument
Christian Joerges and Alexia Herwig
2. Regulatory Purpose in GATT Article III et Ubique: The Test that Dare no Speak its Name
Don Regan
3. Equivalence and Risk Regulation under the World Trade Organisation SPS Agreement
Marsha Echols
4. On the Efficiency of Health Measures and The ‘Appropriate Level of Protection’
Jeffrey Atik
5. The International Organization for Standardization: Private Voluntary Standards as Swords and Shields
David Wirth
6. Law and Economics of the SPS Agreement: A Critical Perspective
Alessandra Accuri
7. Trade, Environment and Animal Welfare
Peter Morrison and Laura Nielsen
PART II: HEALTH REGULATION AND TRADE LAW
8. TRIPS and Access to Essential Medicines
Bryan Mercurio
9. Public Perception of Food Safety Risks under WTO Law
Alberto Alemanno
10. Prior Approval Systems under the SPS Agreement
Tracey Epps
11. Potential Scope of Application of SPS Agreement after EC-Biotech
Jacqueline Peel
12. GATS and Public Health Care
Panagiotis Delimatsis
13. Impact of WTO Law on Regulations to Address Non-communicable Diseases
Tania Voon
PART III: ENVIRONMENTAL REGULATION AND TRADE LAW
Climate Change Mitigation
14. International Trade and Climate Change
Thomas Cottier and Nashina Shariff
15. Carbon Leakage Measures and Border Tax Adjustments under WTO Law
Joost Pauwelyn
16. Challenges for Technology Transfer in the Climate Change Area
Dalindyebo Shabalala
17. Subsidies for Emissions Mitigation under WTO Law
Luca Rubini
18. Emissions Trading Systems and WTO Law: A Typology of Interactions
Javier De Cendra De Larragan
Other than Climate Change
19. Trade in Environmental Goods, with Focus on Climate-friendly Goods and Technologies
ZhongXiang Zhang
20. Emerging Technologies and the WTO
Heike Baumüller
PART IV: DISPUTE SETTLEMENT ISSUES
21. Standard of Review of Health/Environment Regulation by WTO Panels
Lukasz Gruszczynki
PART V: EMERGING ECONOMIES AND HEALTH/ENVIRONMENTAL BARRIERS TO TRADE
22. Impact of Sanitary and Phytosanitary Measures on Emerging Economy Exports and the Challenges/Opportunities of the SPS Agreement
Kasturi Das
Index
Geert Van Calster, KU Leuven, Belgium and Denise Prévost, Maastricht University, The Netherlands
‘This edited collection brings together an impressive array of authors from the world of international trade, the environment and public health. Each of them is eminently well-placed to bring their own particular expertise to bear on the issue at hand, and to do so in a knowledgeable and stimulating manner. This Research Handbook is a must for anyone interested in these overlapping fields of law and policy whether as a basis for learning or as a resource for further research.’
– Mary Footer, University of Nottingham School of Law, UK
‘This fantastic collection of essays explores the multiple intersections between trade and environment in the WTO. The contributions by leading scholars are theoretically engaged whilst practical in their focus. It is a “must read” for those concerned to ensure that trade liberalisation does not stand in the way of sustainable development, including urgently needed action to mitigate the risks and consequences of climate change.’
– Joanne Scott, University College London, UK
‘Geert Van Calster and Denise Prévost have managed to induce virtually all the great experts on health, environment and WTO law to contribute to their Research Handbook on these subjects. The result is undoubtedly an excellent volume that should adorn the bookcase of any and all interested in the important problem of the relation between international rule-making and regulatory autonomy of states in this area of international economic law.’
– Pieter Jan Kuijper, University of Amsterdam, The Netherlands
