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Research Handbook On Environment, Health And The WTO

Research Handbook On Environment, Health And The WTO

  • Author:
  • Publisher: Edward Elgar Publishing
  • ISBN: 9781847208972
  • Published In: May 2013
  • Format: Hardback , 880 pages
  • Jurisdiction: International ? Disclaimer:
    Countri(es) stated herein are used as reference only
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  • Description 
  • Contents 
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    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

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