Main description:

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.

Contents:

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 Larragan 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 Baumuller 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