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From Control To Communication: Science, Philosophy And World Trade Law, Sungjoon Cho
From Control To Communication: Science, Philosophy And World Trade Law, Sungjoon Cho
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Science has recently become increasingly salient in various fields of international law. In particular, the WTO Sanitary and Phytosanitary (SPS) Agreement stipulates that a regulating state must provide scientific justification for its food safety measures. Paradoxically, however, this ostensibly neutral reference to science tends to complicate treaty interpretation. It tends to take treaty interpretation beyond a conventional methodology under the Vienna Convention on the Law of Treaties, which is primarily concerned with clarifying and articulating the treaty text. The two decades old transatlantic trade dispute over hormone-treated beef is a case in point. This article demonstrates that beneath the controversy …
Measuring Trips Compliance And Defiance: The Wto Compliance Scorecard, Edward Lee
Measuring Trips Compliance And Defiance: The Wto Compliance Scorecard, Edward Lee
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This Article proposes the tabulation of a TRIPS Compliance Scorecard measuring a country’s attempt to correct any treaty violation that a WTO panel or the Appellate Body has found against the country. The scorecard can provide greater transparency and attention to member compliance with WTO treaty obligations, and it would enable greater cross-country comparisons. Part I surveys the number of IP disputes brought before the WTO since its inception (2005 to 2011), with particular focus on those disputes that culminated in a panel or Appellate Body decision. Part II proposes the WTO’s adoption of a TRIPS Compliance Scorecard that will …