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Congratulations on an outstanding book on the WTO TBT Agreement!
International regulations and standards reflect societies'
fundamental choices. Regulating and monitoring them is complex, and
the renowned co-authors of this book have well understood the
multi-faceted matters at stake. In this book, world experts have
seized a unique opportunity provided by the wealth of recent TBT
jurisprudence to analyse the different dimensions of the TBT
Agreement, a WTO agreement little discussed up to now. WTO experts
as well as anyone interested in the reach of WTO law into the
balance between national sovereignty and the need for international
co-operation must read this book.' - Gabrielle Marceau, WTO, Legal
Affairs Division, UNIGE and Graduate Institute, Geneva,
SwitzerlandA relatively new frontier for legal and policy analysis,
technical barriers to trade (TBT's) have become more common as
traditional border barriers have been reduced. This comprehensive
Handbook comprises original essays by eminent trade scholars
exploring the implications of the WTO's TBT Agreement. The TBT
Agreement imposes disciplines on the manner in which WTO member
countries adopt and maintain technical measures, recognizing the
importance of such measures to advance legitimate domestic policy
goals such as health, safety and environmental objectives, but also
the potential for technical measures to constitute barriers to
trade. The contributors to this volume provide an in-depth
examination of the text of the Agreement and how the WTO's dispute
settlement system, the TBT Committee, WTO members, and other
international organizations have engaged with and been affected by
it. The book's comprehensive and accessible approach makes it a
first point of reference for all trade law practitioners,
policymakers and regulators. For scholars and students, the
Handbook will prove essential reading for a deeper understanding of
trade law. Contributors: A.E. Appleton, A. Arcuri, M. Cardwell, H.
Churchman, M.M. Du, T. Epps, C. Gascoigne, L. Gruszczynski, B.
Hazucha, R. Howse, A. Kudryavtsev, P.C. Mavroidis, G. Mayeda, A.
Mitchell, D. Prevost, F. Smith, J.P. Trachtman, M.J. Trebilcock, T.
Voon, M. Wagner, E.N. Wijkstroem
This timely book addresses the interaction between policies
addressing climate change and the rules of the WTO. The authors
expertly examine the law and economics behind the application of
trade rules in the area of climate, including the implications of
WTO rules for domestic climate measures, the unilateral use of
trade measures to attempt to force other countries to take climate
action, and the role of trade measures in multilateral climate
agreements. The book argues that while there is a possibility of
conflict between international trade rules and progress on climate
change, it need not be the case. Thus the major focus is on the
ways in which trade measures can aid in addressing climate change.
Congratulations on an outstanding book on the WTO TBT Agreement!
International regulations and standards reflect societies'
fundamental choices. Regulating and monitoring them is complex, and
the renowned co-authors of this book have well understood the
multi-faceted matters at stake. In this book, world experts have
seized a unique opportunity provided by the wealth of recent TBT
jurisprudence to analyse the different dimensions of the TBT
Agreement, a WTO agreement little discussed up to now. WTO experts
as well as anyone interested in the reach of WTO law into the
balance between national sovereignty and the need for international
co-operation must read this book.' - Gabrielle Marceau, WTO, Legal
Affairs Division, UNIGE and Graduate Institute, Geneva,
SwitzerlandA relatively new frontier for legal and policy analysis,
technical barriers to trade (TBT's) have become more common as
traditional border barriers have been reduced. This comprehensive
Handbook comprises original essays by eminent trade scholars
exploring the implications of the WTO's TBT Agreement. The TBT
Agreement imposes disciplines on the manner in which WTO member
countries adopt and maintain technical measures, recognizing the
importance of such measures to advance legitimate domestic policy
goals such as health, safety and environmental objectives, but also
the potential for technical measures to constitute barriers to
trade. The contributors to this volume provide an in-depth
examination of the text of the Agreement and how the WTO's dispute
settlement system, the TBT Committee, WTO members, and other
international organizations have engaged with and been affected by
it. The book's comprehensive and accessible approach makes it a
first point of reference for all trade law practitioners,
policymakers and regulators. For scholars and students, the
Handbook will prove essential reading for a deeper understanding of
trade law. Contributors: A.E. Appleton, A. Arcuri, M. Cardwell, H.
Churchman, M.M. Du, T. Epps, C. Gascoigne, L. Gruszczynski, B.
Hazucha, R. Howse, A. Kudryavtsev, P.C. Mavroidis, G. Mayeda, A.
Mitchell, D. Prevost, F. Smith, J.P. Trachtman, M.J. Trebilcock, T.
Voon, M. Wagner, E.N. Wijkstroem
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.
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