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.
Button, Catherine: - Catherine Button was educated at the Universities of Melbourne and Oxford, and now practises law at Minter Ellison's Melbourne office, specialising in dispute settlement.
Marceau, Gabrielle: - "
Appointed as a lecturer in 2000, Gabrielle Marceau, PhD, became an associate professor in the Department of Public International Law and International Organization at the Faculty of Law at the University of Geneva (UNIGE) in 2005. She teaches World Trade Organization (WTO) law, supervises numerous master's theses and doctoral dissertations, and organizes conferences and research seminars. She also created a doctoral seminar.
She is also visiting professor at the University of Ottawa, Law Faculty - Hyman Soloway Chair, and at other institutions. Professor Marceau serves on several scientific councils promoting international economic law. She has been the president of the Society of International Economic Law, is a member of the board of directors of the Geneva Society for Law and Legislation, and is a Counsellor of the American Society of International Law. Professor Marceau is a specialist in dispute settlement and the legal relationships between international trade and non-commercial considerations (such as environment, human rights, labor, etc.), with more than 125 publications to her name.
Gabrielle Marceau has also worked at the World Trade Organization for over 30 years, serving as a legal adviser in international disputes, in the Cabinet of Director-General Pascal Lamy, and in the Economic Research and Statistics Division."
Ortino, Federico: - Federico Ortino is a Reader in International Economic Law at King's College London, UK.
Schefer, Krista Nadakavukaren: - Krista Nadakavukaren Schefer is Vice Director at the Swiss Institute of Comparative Law, Switzerland.
Shaffer, Gregory: - Gregory Shaffer is the Scott K Ginsburg Professor of International Law at Georgetown University Law Center, USA.
