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International Trade and Health Protection

International Trade and Health Protection
Author: Tracey Epps
Publisher: Edward Elgar Publishing
Total Pages: 354
Release: 2008
Genre: Law
ISBN: 9781847206572

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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.


Trade and Human Health and Safety

Trade and Human Health and Safety
Author: George A. Bermann
Publisher: Cambridge University Press
Total Pages: 358
Release: 2006-01-23
Genre: Law
ISBN: 9780521855280

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


Medical Trade, Public Health, and the Law

Medical Trade, Public Health, and the Law
Author: Nayung Kim
Publisher: Taylor & Francis
Total Pages: 157
Release: 2023-05-05
Genre: Law
ISBN: 1000876241

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Faced with evolving trade and health dynamics, this book presents a historical, conceptual, and empirical examination of public health and medical procurement in international trade law at a time of emergency. The work argues that the current trade framework is outdated and must be redesigned to suit the new needs of the 21st century. It identifies critical problems within the current international trade system that prevents it from effectively responding to pandemics, as well as to the emerging digital economy. Based on the analysis, the study puts forward specific suggestions to upgrade the current trade rules framework to prepare for future international public health emergencies and further digitalization of health services. The book will be a valuable resource for academics, researchers and policy-makers working in the areas of International Trade Law, Public Health Law and Medical Law.


Trade, Health, and the Burden of Proof in WTO Law

Trade, Health, and the Burden of Proof in WTO Law
Author: Joachim Ahman
Publisher: Kluwer Law International B.V.
Total Pages: 352
Release: 2011-12-05
Genre: Law
ISBN: 9041142916

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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.


International Trade and Health Protection

International Trade and Health Protection
Author: Tracey Epps
Publisher: Edward Elgar Publishing
Total Pages: 365
Release: 2008-01-01
Genre: Technology & Engineering
ISBN: 1848443870

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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.


Trade in Health Services

Trade in Health Services
Author: Nick Drager
Publisher: Pan American Health Organization
Total Pages: 234
Release: 2002
Genre: Business & Economics
ISBN:

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Contains selected papers presented at the inter-regional meeting on health and trade issues, held in Washington DC in November 1999. The principal objective of the meeting was to identify and explore options for co-operation between the health service and trade sectors, in order to effectively develop health protection and promotion strategies.


Trade Agreements and Public Health

Trade Agreements and Public Health
Author: Deborah Gleeson
Publisher: Springer Nature
Total Pages: 187
Release: 2020-01-03
Genre: Medical
ISBN: 9811504857

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The need for policy coherence between trade and health has never been greater, yet few public health workers are equipped to navigate this complex field. This book aims to fill this gap, providing a focused and readable introduction to the topic. It introduces the principles underpinning trade treaties and examines the implications of trade rules for health services and access to medicines, unhealthy commodities, labour rights and the environment. It explores the trade policy making process, methods for trade and health research, and recommendations for strengthening policy coherence.


Trade and Public Health

Trade and Public Health
Author: Benn McGrady
Publisher: Cambridge University Press
Total Pages: 341
Release: 2011-03-31
Genre: Law
ISBN: 1139499505

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Non-communicable diseases, associated with risk factors such as tobacco consumption, poor diet and alcohol use, represent a growing health burden around the world. The seriousness of non-communicable diseases is reflected in the adoption of international instruments such as the WHO Framework Convention on Tobacco Control; the WHO Global Strategy on Diet, Physical Activity and Health; and the WHO Global Strategy to Reduce the Harmful Use of Alcohol. In line with these instruments, states are beginning to use measures such as taxes, restrictions on marketing, product regulation and labeling measures for public health purposes. This book examines the extent to which the law of the World Trade Organization restricts domestic implementation of these types of measures. The relationship between international health instruments and the WTO Agreement is examined, as are the WTO covered agreements themselves.


Health Protection

Health Protection
Author: Samuel Ghebrehewet
Publisher: Oxford University Press
Total Pages: 481
Release: 2016
Genre: Medical
ISBN: 0198745478

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Health Protection: Principles and practice is a practical guide for practitioners working at all levels in public health and health protection, including those with a non-specialist background. It is the first textbook in health protection to address all three domains within the field (communicable disease control; emergency preparedness, resilience and response (EPRR); and environmental public health) in a comprehensive and integrated manner. Written by leading practitioners in the field, the book is rooted in a practice-led, all-hazards approach, which allows for easy real-world application of the topics discussed. The chapters are arranged in six sections, which begin with an in-depth introduction to the principles of health protection and go on to illuminate the three key elements of the field by providing: case studies and scenarios to describe common and important issues in the practice of health protection; health protection tools, which span epidemiology and statistics, infection control, immunisation, disease surveillance, and audit and service improvement; and evidence about new and emerging health protection issues. It includes more than 100 health protection checklists (SIMCARDs), covering infections from anthrax to yellow fever, non-infectious diseases emergencies and environmental hazards. Written from first-hand experience of managing communicable diseases these provide practical, stand-alone quick reference guides for in-practice use. Both the topical content of Health Protection: Principles and practice, and the clearly described health protection principles the book provides, makes it a highly relevant resource for wider public health and health protection professionals in this continually evolving field.


Narrowing the Channel

Narrowing the Channel
Author: Robert Gulotty
Publisher: Chicago International and Domestic Institutions
Total Pages: 242
Release: 2020
Genre: Globalization
ISBN: 022666936X

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While large, multinational corporations have supported the removal of tariffs, behind the scenes these firms have fought for protection in the form of product regulations, including testing, labeling, and registration requirements. Unlike tariffs, these regulations can raise fixed costs, excluding smaller firms from the market and shifting profits toward global giants. Narrowing the Channel demonstrates that globalization and globalized firms can paradoxically hinder rather than foster economic cooperation as larger firms seek to protect their markets through often unnecessarily strict product regulations. To illustrate the problem of regulatory protectionism, Robert Gulotty offers an in-depth analysis of contemporary rulemaking in the United States and the European Union in the areas of health, safety, and environmental standards. He shows how large firms seek regulatory schemes that disproportionately disadvantage small firms. When multinationals are embedded in the local economy, governments too have an incentive to use these regulations to shift profits back home. Today, the key challenge to governing global trade is not how much trade occurs but who is allowed to participate, and this book shows that new rules will be needed to allow governments to widen the benefits of global commerce and avoid further inequality and market concentration.