Trade Liberalisation Health Protection And The Burden Of Proof In Wto Law PDF Download
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| Author | : Joachim Ahman |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 352 |
| Release | : 2011-12-05 |
| Genre | : Law |
| ISBN | : 9041142916 |
Download Trade, Health, and the Burden of Proof in WTO Law Book in PDF, ePub and Kindle
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 | : Joachim Åhman |
| Publisher | : |
| Total Pages | : 368 |
| Release | : 2011 |
| Genre | : Burden of proof |
| ISBN | : 9789197832847 |
Download Trade Liberalisation, Health Protection, and the Burden of Proof in WTO Law Book in PDF, ePub and Kindle
| Author | : Tracey Epps |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 365 |
| Release | : 2008-01-01 |
| Genre | : Technology & Engineering |
| ISBN | : 1848443870 |
Download International Trade and Health Protection Book in PDF, ePub and Kindle
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 | : Catherine Button |
| Publisher | : |
| Total Pages | : 258 |
| Release | : 2004 |
| Genre | : Foreign trade regulation |
| ISBN | : 9781472563187 |
Download The Power to Protect Book in PDF, ePub and Kindle
Examines the intersection of WTO trade liberalisation rules and domestic health protection, a subject of considerable interest to those concerned that the WTO impinges on national regulatory autonomy. It analyses the tension between health protection and trade liberalisation, and how disputes are resolved. Melbourne author.
| Author | : World Intellectual Property Organization |
| Publisher | : WIPO |
| Total Pages | : 259 |
| Release | : 2013 |
| Genre | : Law |
| ISBN | : 9280523082 |
Download Promoting Access to Medical Technologies and Innovation - Intersections between Public Health, Intellectual Property and Trade Book in PDF, ePub and Kindle
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 | : Ronald Labonté |
| Publisher | : Routledge |
| Total Pages | : 340 |
| Release | : 2009-05-07 |
| Genre | : Health & Fitness |
| ISBN | : 1135850097 |
Download Globalization and Health Book in PDF, ePub and Kindle
Contemporary globalization has had tremendous impact on health equity across the globe. However, no volume has systematically analyzed the relationship between globalization and global trends in health outcomes. This book consolidates and updates the findings of a global research project undertaken by the Globalisation Knowledge Network (GKN) of the World Health Organization’s Commission on Social Determinants of Health. Chapters examine such questions as: How has trade liberalisation affected the social determinants of health? How has globalization affected food security, nutrition and equitable access to water and sanitation? How well do present global governance structures take account of the health equity effects associated with the social determinants of health? This landmark volume will be a necessary addition for researchers and scholars studying the field of globalization, health and social policy, and public health across the social sciences.
| Author | : Petros C. Mavroidis |
| Publisher | : Princeton University Press |
| Total Pages | : 262 |
| Release | : 2021-01-05 |
| Genre | : Business & Economics |
| ISBN | : 0691206597 |
Download China and the WTO Book in PDF, ePub and Kindle
"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 | : Pierre Sauve |
| Publisher | : World Bank Publications |
| Total Pages | : 246 |
| Release | : 2003-08-29 |
| Genre | : Political Science |
| ISBN | : 0821383434 |
Download Domestic Regulation and Service Trade Liberalization Book in PDF, ePub and Kindle
Trade in services, far more than trade in goods, is affected by a variety of domestic regulations, ranging from qualification and licensing requirements in professional services to pro-competitive regulation in telecommunications services. Experience shows that the quality of regulation strongly influences the consequences of trade liberalization. WTO members have agreed that a central task in the ongoing services negotiations will be to develop a set of rules to ensure that domestic regulations support rather than impede trade liberalization. Since these rules are bound to have a profound impact on the evolution of policy, particularly in developing countries, it is important that they be conducive to economically rational policy-making. This book addresses two central questions: What impact can international trade rules on services have on the exercise of domestic regulatory sovereignty? And how can services negotiations be harnessed to promote and consolidate domestic policy reform across highly diverse sectors? The book, with contributions from several of the world's leading experts in the field, explores a range of rule-making challenges arising at this policy interface, in areas such as transparency, standards and the adoption of a necessity test for services trade. Contributions also provide an in-depth look at these issues in the key areas of accountancy, energy, finance, health, telecommunications and transportation services.
| Author | : |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2015 |
| Genre | : |
| ISBN | : 9789287042323 |
Download The Role of Trade in Ending Poverty Book in PDF, ePub and Kindle
The Role of Trade in Ending Poverty looks at the complex relationships between economic growth, poverty reduction and trade, and examines the challenges that poor people face in benefiting from trade opportunities. Written jointly by the World Bank Group and the WTO, the publication examines how trade could make a greater contribution to ending poverty by increasing efforts to lower trade costs, improve the enabling environment, implement trade policy in conjunction with other areas of policy, better manage risks faced by the poor, and improve data used for policy-making.
| Author | : Henrik Horn |
| Publisher | : Cambridge University Press |
| Total Pages | : 381 |
| Release | : 2013-04-22 |
| Genre | : Law |
| ISBN | : 1107068002 |
Download Legal and Economic Principles of World Trade Law Book in PDF, ePub and Kindle
The World Trade Organization (WTO) Agreement covers international commerce in goods and services including measures that directly affect trade, such as import tariffs and quotas, and almost any type of internal measure with an impact on trade. Legal and Economic Principles of World Trade Law contributes to the analysis of the texts of World Trade Law in law and economics, reporting work done to identify improvements to the interpretation of the Agreement. It starts with background studies, the first summarizes The Genesis of the GATT, which highlights the negotiating history of the GATT 1947–8; the second introduces the economics of trade agreements. These are followed by two main studies. The first, authored by Bagwell, Staiger and Sykes, discusses legal and economic aspects of the GATT regulation of border policy instruments, such as import tariffs and import quotas. The second, written by Grossman, Horn and Mavroidis, focuses on the core provision for the regulation of domestic policy instruments - the National Treatment principles in Art. III GATT.
