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Research Handbook on Environment, Health and the WTO

Edited by Geert Van Calster, Professor, KU Leuven, Belgium, Monash University, Australia and King’s College London, UK, and Member of the Bar of Belgium and Denise Prévost, Maastricht University, the Netherlands
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.
Extent: 880 pp
Hardback Price: £220.00 Web: £198.00
Publication Date: 2013
ISBN: 978 1 84720 897 2
Availability: In Stock
Paperback Price: £45.00 Web: £36.00
Publication Date: 2014
ISBN: 978 1 78254 482 1
Availability: In Stock
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  • Environment
  • Environmental Law
  • Law - Academic
  • Environmental Law
  • Health Law
  • International Economic Law, Trade Law
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.
‘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
Contributors: A. Alemanno, A. Arcuri, J. Atik, H. Baumüller, T. Cottier, K. Das, J. de Cendra de Larragán, P. Delimatsis, M.A. Echols, T. Epps, L. Gruszczynski, A. Herwig, C. Joerges, B. Mercurio, P. Morrisson, L. Nielsen, J. Pauwelyn, J. Peel, D.H. Regan, L. Rubini, D. Shabalala, N. Shariff, T. Voon, D.A. Wirth, Z. Zhang
Contents:

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