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The Role Of Science In Risk Regulation Under The Sps Agreement, Lukasz A. Gruszczynski
The Role Of Science In Risk Regulation Under The Sps Agreement, Lukasz A. Gruszczynski
Lukasz A Gruszczynski
This paper attempts to present a comprehensive and coherent picture of the role performed by science under the Sanitary and Phytosanitary Measures (SPS) Agreement and SPS case law. It argues that the approach adopted by the Appellate Body is predominantly based on a technical paradigm, supplemented, however, with some considerations arising from other paradigms. The paper argues that the approach adopted in the case law is generally compatible with the text of the SPS Agreement and provides a coherent SPS system. However, it also identifies certain areas which lack coherence, as certain standards seem to violate the right of the …
Science In The Process Of Risk Regulation Under The Wto Agreement On Sanitary And Phytosanitary Measures, Lukasz A. Gruszczynski
Science In The Process Of Risk Regulation Under The Wto Agreement On Sanitary And Phytosanitary Measures, Lukasz A. Gruszczynski
Lukasz A Gruszczynski
This article attempts to present a comprehensive and coherent picture of the position occupied by science under the SPS Agreement and in the SPS case law. It claims that the approach adopted by the Appellate Body reflects the explicit language of the SPS Agreement and is predominantly based on a technical paradigm. In consequence, science plays a critical role in distinguishing between legal and illegal SPS measures. The article argues that such an approach is generally compatible with the text of the SPS Agreement and provides a coherent SPS system. However, it also identifies certain areas, which lack coherence, as …
Anti-Dumping Sunset Reviews: The Uneven Reach Of Wto Disciplines, Bolormaa Tumurchudur, Olivier Cadot, Jaime De Melo
Anti-Dumping Sunset Reviews: The Uneven Reach Of Wto Disciplines, Bolormaa Tumurchudur, Olivier Cadot, Jaime De Melo
Olivier Cadot
The paper uses a new database on Anti-Dumping measures worldwide to assess whether the 1995 Uruguay Round Agreement on AD sunset reviews had any effect. Estimates from a count of revocations for a panel of AD-using countries over 1979-2005 show that a five-year cycle is more apparent after the WTO agreement than before, with the marginal propensity to revoke AD measures at five years jumping from 0-2% to 45%. A survival analysis of AD measures confirms that those covered by the agreement stick on average for shorter periods, and a semi-parametric difference-in-difference approach confirms a strong de-jure component to the …
Markets, Monocultures, And Malnurition: Agricultural Trade Policy Through An Environmental Justice Lens, Carmen G. Gonzalez
Markets, Monocultures, And Malnurition: Agricultural Trade Policy Through An Environmental Justice Lens, Carmen G. Gonzalez
Carmen G. Gonzalez
Much of the literature on environmental justice struggles in the United States and in the Global South has highlighted the disproportionate concentration of environmental hazards in poor communities and communities of color. However, it is equally important to evaluate how human societies distribute access to environmental necessities , such as food and water. Food is a quintessential environmental necessity that is critical human survival, and the right to food is recognized under under a vareity of international human rights law instruments. This article examines the complex ways in which the rules governing international trade in agricultural products affect the fundamental …
Deconstructing The Mythology Of Free Trade: Critical Reflections On Comparative Advantage, Carmen G. Gonzalez
Deconstructing The Mythology Of Free Trade: Critical Reflections On Comparative Advantage, Carmen G. Gonzalez
Carmen G. Gonzalez
The theory of comparative advantage serves as the theoretical justification for the neoliberal economic reforms promoted by the International Monetary Fund, the World Bank, and multilateral and regional free trade agreements. This article employs insights from both neoclassical and heterodox economics in order to critique the theory of comparative advantage as applied to the agricultural sector. In particular, the article takes aim at the illusory notion that eliminating distortions in international agricultural trade caused by the lavish agricultural subsidies of wealthy nations will be sufficient to “level the playing field” and promote prosperity in both developed and developing countries. The …
A Theoretical And Political Analysis Of The Wto Appellate Body, Shoaib A. Ghias
A Theoretical And Political Analysis Of The Wto Appellate Body, Shoaib A. Ghias
Shoaib A. Ghias
Economic liberalization not only requires rules goveming economic exchange (such as multilateral trade agreements), but also institutions (such as courts) goveming how rules are enforced. However, once courts are established to govem economic exchange, they tend to expand their competence to political and social policy. Political scientists have used this theoretical framework to explain the evolution of national (for example the U.S. Supreme Court) and quasi-intemational (for example the European Court of Justice) judicial institutions. In this article, I explain how this model can be extended to a truly intemational "judicial" institution, the WTO's Appellate Body. In short, the Appellate …