Research Handbook on Environment, Health and the WTO

Edited by Geert Van Calster, Full Professor, KU Leuven, Belgium, Visiting Professor, Monash University, Melbourne, Australia and a practising member of the Belgian Bar and Denise Prévost, Maastricht University, the Netherlands

‘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.’

• Contents:PrefacePART I: GENERAL ISSUES1. The Precautionary Principle in Conflicts Law PerspectivesAlexia Herwig and Christian Joerges2. Regulatory Purpose in GATT Article III, TBT Article 2.1, the Subsidies Agreement, and Elsewhere: Hic et UbiqueDonald H. Regan3. Equivalence and Risk Regulation under the World Trade Organization’s SPS AgreementMarsha A. Echols4. On the Efficiency of Health Measures and the ‘Appropriate Level of Protection’Jeffrey Atik5. The International Organization for Standardization: Private Voluntary Standards as Swords and ShieldsDavid A. Wirth6. Law and Economics of the SPS Agreement: A Critical PerspectiveAlessandra Arcuri7. Trade, Environment and Animal Welfare: Conditioning Trade in Goods and Services on Conduct in Another Country?Peter Morrison and Laura NielsenPART II: HEALTH REGULATION AND TRADE LAW8. TRIPs and Access to Essential MedicinesBryan Mercurio9. Public Perception of Food Safety Risks under WTO Law: A Normative PerspectiveAlberto Alemanno 10. Pre-market Approval Systems and the SPS AgreementTracey Epps11. Scope of Application of the SPS Agreement: A Post-Biotech AnalysisJacqueline Peel12. GATS and Public Health Care: Reflecting on an Uneasy RelationshipPanagiotis Delimatsis13. WTO Law and Risk Factors for Non-communicable Diseases: A Complex RelationshipTania VoonPART III: ENVIRONMENTAL REGULATION AND TRADE LAW Section 1. Climate Change Mitigation 14. International Trade and Climate ChangeThomas Cottier and Nashina Shariff15. Carbon Leakage Measures and Border Tax Adjustments under WTO LawJoost Pauwelyn16. Challenges for Technology Transfer in the Climate Change Arena: What Interactions with the TRIPS Agreement?Dalindyebo Shabalala17. Subsidies for Emissions Mitigation under WTO LawLuca Rubini18. Emission Trading Systems and WTO Law: A Typology of InteractionsJavier de Cendra de Larragán Section 2. Other than Climate Change19. Trade in Environmental Goods, with Focus on Climate-friendly Goods and TechnologiesZhongXiang Zhang20. Emerging Technologies and the WTO: Comparing Biotechnology and Nanotechnology Regulations in the EU and the USHeike BaumüllerPART IV: DISPUTE SETTLEMENT ISSUES21. Standard of Review of Health and Environmental Regulations by WTO PanelsLukasz GruszczynskiPART V: EMERGING ECONOMIES AND HEALTH/ENVIRONMENTAL BARRIERS TO TRADE22. The Impact of Sanitary and Phytosanitary Measures on India’s Exports and the Challenges/Opportunities of the SPS AgreementKasturi DasIndex