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Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
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Research Handbook on Environment, Health and the WTO

Edited by: Geert Van Calster, Denise Prevost

ISBN13: 9781847208972
Published: May 2013
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £260.00



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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.

Subjects:
Environmental Law, International Trade
Contents:
Introduction Geert Van Calster and Denise Prevost

PART I: GENERAL ISSUES
1. The Precautionary Principle as a Conflicts-law Instrument Christian Joerges and Alexia Herwig
2. Regulatory Purpose in GATT Article III et Ubique: The Test that Dare no Speak its Name Don Regan
3. Equivalence and Risk Regulation under the World Trade Organisation SPS Agreement Marsha 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 Wirth
6. Law and Economics of the SPS Agreement: A Critical Perspective Alessandra Accuri
7. Trade, Environment and Animal Welfare 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 Alberto Alemanno
10. Prior Approval Systems under the SPS Agreement Tracey Epps
11. Potential Scope of Application of SPS Agreement after EC-Biotech Jacqueline Peel
12. GATS and Public Health Care Panagiotis Delimatsis
13. Impact of WTO Law on Regulations to Address Non-communicable Diseases Tania Voon

PART III: ENVIRONMENTAL REGULATION AND TRADE LAW 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 Area Dalindyebo Shabalala
17. Subsidies for Emissions Mitigation under WTO Law Luca Rubini
18. Emissions Trading Systems and WTO Law: A Typology of Interactions Javier De Cendra De Larragan 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 Heike Baumuller

PART IV: DISPUTE SETTLEMENT ISSUES 21. Standard of Review of Health/Environment Regulation by WTO Panels Lukasz Gruszczynki

PART V: EMERGING ECONOMIES AND HEALTH/ENVIRONMENTAL BARRIERS TO TRADE
22. Impact of Sanitary and Phytosanitary Measures on Emerging Economy Exports and the Challenges/Opportunities of the SPS Agreement Kasturi Das

Index