Description
Book SynopsisThis
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.
Trade Review‘This edited collection extends beyond the trade and public health focus of this review, taking on broader issues including health and also the environment lato sensu. It offers an impressive array of contributions covering all the expected chapters on issues in trade law and health, and also more speculative contributions that are some of its true highlights. . . The Handbook
also provides a genuine mix between broad brushstrokes pieces that take common themes in trade and present them in an original light, building on recent case law. . . Other contributions treat very specific issues that rarely get the attention they deserve.’ -- Gregory Messenger, Journal of International Economic Law
‘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
Table of ContentsContents: Preface PART I: GENERAL ISSUES 1. The Precautionary Principle in Conflicts Law Perspectives Alexia Herwig and Christian Joerges 2. Regulatory Purpose in GATT Article III, TBT Article 2.1, the Subsidies Agreement, and Elsewhere: Hic et Ubique Donald H. Regan 3. Equivalence and Risk Regulation under the World Trade Organization’s SPS Agreement Marsha A. 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 A. Wirth 6. Law and Economics of the SPS Agreement: A Critical Perspective Alessandra Arcuri 7. Trade, Environment and Animal Welfare: Conditioning Trade in Goods and Services on Conduct in Another Country? 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: A Normative Perspective Alberto Alemanno 10. Pre-market Approval Systems and the SPS Agreement Tracey Epps 11. Scope of Application of the SPS Agreement: A Post-Biotech Analysis Jacqueline Peel 12. GATS and Public Health Care: Reflecting on an Uneasy Relationship Panagiotis Delimatsis 13. WTO Law and Risk Factors for Non-communicable Diseases: A Complex Relationship Tania Voon PART III: ENVIRONMENTAL REGULATION AND TRADE LAW Section 1. 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 Arena: What Interactions with the TRIPS Agreement? Dalindyebo Shabalala 17. Subsidies for Emissions Mitigation under WTO Law Luca Rubini 18. Emission Trading Systems and WTO Law: A Typology of Interactions Javier de Cendra de Larragán Section 2. 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: Comparing Biotechnology and Nanotechnology Regulations in the EU and the US Heike Baumüller PART IV: DISPUTE SETTLEMENT ISSUES 21. Standard of Review of Health and Environmental Regulations by WTO Panels Lukasz Gruszczynski PART V: EMERGING ECONOMIES AND HEALTH/ENVIRONMENTAL BARRIERS TO TRADE 22. The Impact of Sanitary and Phytosanitary Measures on India’s Exports and the Challenges/Opportunities of the SPS Agreement Kasturi Das Index
