Download or read book International Trade and Health Protection written by Tracey Epps and published by Edward Elgar Publishing. This book was released on 2008 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Trade and Human Health and Safety written by George A. Bermann and published by Cambridge University Press. This book was released on 2006-01-23 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the standards established for the regulation of public health and safety issues.
Download or read book Trade Health and the Burden of Proof in WTO Law written by Joachim Ahman and published by Kluwer Law International B.V.. This book was released on 2011-12-05 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Medical Trade Public Health and the Law written by Nayung Kim and published by Taylor & Francis. This book was released on 2023-05-05 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book International Trade and Health Protection written by Tracey Epps and published by Edward Elgar Publishing. This book was released on 2008-01-01 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Trade Agreements and Public Health written by Deborah Gleeson and published by Springer Nature. This book was released on 2020-01-03 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Trade in Health Services written by Nick Drager and published by Pan American Health Organization. This book was released on 2002 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Public Services and International Trade Liberalization written by Barnali Choudhury and published by Cambridge University Press. This book was released on 2012-11 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: This books examines whether public service liberalization poses a threat to gender and human rights?
Download or read book Trade and Public Health written by Benn McGrady and published by Cambridge University Press. This book was released on 2011-03-31 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Power to Protect written by Catherine Button and published by Hart Publishing. This book was released on 2004-11 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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, identifying 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.
Download or read book Taming the push Me pull You of International Trade Regulation written by Tracey Dene Epps and published by . This book was released on 2007 with total page 832 pages. Available in PDF, EPUB and Kindle. Book excerpt: The central argument is that while the rationale underlying the SPS Agreement's science-based framework is questionable, the resulting rules are not only the most appropriate means available for dealing with the conflict, but provide countries with more flexibility than critics contend. However, if the WTO is to command legitimacy among the public, panels and the Appellate Body must adopt a more principled approach to disputes than they have to date. The importance of health protection requires recognition that measures 'necessary' to protect health will respond to more subtle situations than those presenting a clear and serious risk. They must accept that in many cases science is indeterminate and does not provide definitive answers as to the necessity of a health protection measure. Such cases require recognition of the validity of public opinion as a consideration in domestic risk analysis processes. Recommendations are made as to how panels and the Appellate Body should proceed in disputes under the SPS Agreement, and how governments can comply with their trade obligations while remaining responsive to public concerns. The Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) allows Members to enact SPS measures necessary to protect health so long as they are based on scientific evidence, thus restricting their regulatory freedom in critical domestic policy areas concerning the health and life of humans, animals, and plants. This thesis asks whether the SPS Agreement allows for an appropriate balance between conflicting domestic health protection objectives and trade liberalization objectives. This question has attracted controversy among academics, policy-makers, and civil society and is particularly topical given public demands to be heard on decisions concerning regulation of new technologies, such as genetic engineering. This thesis establishes a normative basis upon which to balance health and trade objectives. This benchmark is used to critique the rationale for the SPS Agreement's science-based framework, and the panel and Appellate Body's interpretations of its provisions. Finally, the thesis explores the potential for international regulatory harmonization to reduce tension between health and trade objectives.
Download or read book Trade and Health written by Chantal Blouin and published by McGill-Queen's Press - MQUP. This book was released on 2007 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: Integrating health objectives and international trade policies.
Download or read book Narrowing the Channel written by Robert Gulotty and published by Chicago International and Domestic Institutions. This book was released on 2020 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Promoting Access to Medical Technologies and Innovation Intersections between Public Health Intellectual Property and Trade written by World Intellectual Property Organization and published by WIPO. This book was released on 2013 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Health Protection written by Samuel Ghebrehewet and published by Oxford University Press. This book was released on 2016 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book International Health Regulations 2005 written by World Health Organization and published by World Health Organization. This book was released on 2008-12-15 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt: In response to the call of the 48th World Health Assembly for a substantial revision of the International Health Regulations, this new edition of the Regulations will enter into force on June 15, 2007. The purpose and scope of the Regulations are "to prevent, protect against, control and provide a public health response to the international spread of disease in ways that are commensurate with and restricted to public health risks, and which avoid unnecessary interference with international traffic and trade." The Regulations also cover certificates applicable to international travel and transport, and requirements for international ports, airports and ground crossings.
Download or read book WIPO Re Search Collaborating to Mobilize the Power of Intellectual Property for Global Health written by World Intellectual Property Organization and published by WIPO. This book was released on 2018-11-15 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt: WIPO Re:Search aims to catalyze the development of medical products for neglected tropical diseases, malaria and tuberculosis through innovative research partnerships and knowledge sharing.
