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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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The Power to Protect: Trade, Health and Uncertainty in the WTO

ISBN13: 9781841134826
ISBN: 1841134821
Published: December 2004
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £67.00

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This book examines the intersection of WTO trade liberalisation rules and domestic health protection, a subject that is of considerable interest to those concerned that the WTO impinges on national regulatory autonomy. In analysing the tension between health protection and trade liberalisation, the book focuses on the way in which this tension is (or is not) resolved through the dispute resolution process. It offers a detailed analysis of the relevant WTO rules and case law, identyfying particular concerns relating to the ability of WTO Members to take protective action in circumstances of scientific uncertainty and the role of social and cultural factors in the making of health-related regulations. The nature of scientific evidence and the extent to which the scientific process internalises uncertainty is further explored, drawing on documentation relating to the theory and conduct of scientific risk assessment.

Despite the popularity of the precautionary principle in some quarters, it is suggested that it may not be advisable for the WTO to adopt that principle. Rather, further attention should be paid to the role that the standard of review might play in easing the tensions that arise when a sovereign state's health regulations are reviewed by the WTO. The origins of the WTO's 'objective assessment' standard of review are explained, but the standard itself is criticised. Options for developing the standard of review are considered, with a 'reasonable regulator' standard based on the Asbestos case proposed. The book takes a comparative approach, drawing on ECJ cases reviewing Member State and Community health measures as well as US judicial review and commerce clause cases.

Series: Studies in International Trade Law

Legitimacy of the World Trade Organisation ISBN 9781849463737
To be published April 2017
Hart Publishing
£37.49 + £7.50 VAT
£70.82 + £14.17 VAT
Free Trade and Cultural Diversity in International Law ISBN 9781849464253
Published April 2013
Hart Publishing
Free Trade and Cultural Diversity in International Law (eBook) ISBN 9781782251163
Published April 2013
Hart Publishing
£45.82 + £9.17 VAT
£54.16 + £10.83 VAT
Redefining Sovereignty in International Economic Law ISBN 9781841137018
Published April 2008
Hart Publishing
Human Rights Impact of the World Trade Organisation ISBN 9781841136936
Published July 2007
Hart Publishing