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Articles 1 - 16 of 16
Full-Text Articles in Law
Some Reflections On Turtles, Tuna, Dolphin, And Shrimp, David A. Wirth
Some Reflections On Turtles, Tuna, Dolphin, And Shrimp, David A. Wirth
David A. Wirth
No abstract provided.
Geographical Indications, Food Safety, And Sustainability Challenges And Opportunities, David A. Wirth
Geographical Indications, Food Safety, And Sustainability Challenges And Opportunities, David A. Wirth
David A. Wirth
Geographical Indications, Food Safety, And Sustainability: Challenges And Opportunities, David Wirth
Geographical Indications, Food Safety, And Sustainability: Challenges And Opportunities, David Wirth
David A. Wirth
Geographical Indications, Food Safety, And Sustainability Challenges And Opportunities, David A. Wirth
Geographical Indications, Food Safety, And Sustainability Challenges And Opportunities, David A. Wirth
David A. Wirth
International Administrative Law -- Wto And Implications For Rulemaking, David Wirth
International Administrative Law -- Wto And Implications For Rulemaking, David Wirth
David A. Wirth
No abstract provided.
Private Voluntary Standards And New U.S. Food Safety Legislation: The Food Safety Modernization Act And Imported Food, David Wirth
Private Voluntary Standards And New U.S. Food Safety Legislation: The Food Safety Modernization Act And Imported Food, David Wirth
David A. Wirth
No abstract provided.
The World Trade Organization Dispute Over Genetically Modified Organisms: The Precautionary Principle Meets International Trade Law, David A. Wirth
The World Trade Organization Dispute Over Genetically Modified Organisms: The Precautionary Principle Meets International Trade Law, David A. Wirth
David A. Wirth
“Precaution” is increasingly accepted as a basis for governmental policy in the areas of public health and environment on both the domestic and international levels. A precautionary perspective counsels action to avert danger or threats in situations of scientific uncertainty or incomplete information. Precautionary approaches find expression in internationally harmonized formulations as non-binding exhortations, binding treaties, and meta-level principles. Precaution is a particular challenge to free trade agreements, whose purpose is to eliminate unjustified barriers to trade. In that context, precaution as a justification for a challenged governmental measure may appear to be nothing more than a pretext for protectionism. …
Globalization And The Environment: Why All The Fuss?, David A. Wirth
Globalization And The Environment: Why All The Fuss?, David A. Wirth
David A. Wirth
The relationship between globalization and environmental policies presents more nuances than the popular paradigm of free trader versus self-serving protectionists, the familiar model of environmentalist battling greedy polluters, or the outmoded view of a progressive multilateral agenda juxtaposed against a parochial, inward-looking domestic one. This piece sets out a structural and analytical framework for addressing the major issues in the field -- including (1) unilateral trade-based measures to protect the environment; (2) science-based tests applied through trade agreements; (3) disciplines on foreign investment that may have a "chilling effect" on environmental regulation; and (4) the relationship between free trade agreements …
Science And International Trade – Third Generation Scholarship, Jeffery Atik, David A. Wirth
Science And International Trade – Third Generation Scholarship, Jeffery Atik, David A. Wirth
David A. Wirth
No abstract provided.
The Transatlantic Gmo Dispute Against The European Communities: Some Preliminary Thoughts, David A. Wirth
The Transatlantic Gmo Dispute Against The European Communities: Some Preliminary Thoughts, David A. Wirth
David A. Wirth
Any day now, a World Trade Organization panel is expected to rule in a dispute between the U.S. and the EU concerning market access for genetically-engineered foods and crops. This piece, written before the release of the WTO panel's report, analyzes novel systemic issues concerning the impact of WTO law on regulatory design, at both the national and international levels, that are raised by this dispute. These include (1) the application of WTO disciplines to regulatory schemes that require prior governmental approval to protect the environment and public health from newly-introduced products and substances; (2) the role of precaution as …
The International Trade Regime And The Municipal Law Of Federal States: How Close A Fit?, David A. Wirth
The International Trade Regime And The Municipal Law Of Federal States: How Close A Fit?, David A. Wirth
David A. Wirth
No abstract provided.
Globalizing The Environment, David A. Wirth
The Role Of Science In The Uruguay Round And Nafta Trade Disciplines, David A. Wirth
The Role Of Science In The Uruguay Round And Nafta Trade Disciplines, David A. Wirth
David A. Wirth
The central theme of this article is the necessity for deference to decision-making processes of national regulatory authorities in the application of these new trade disciplines and the need for trade-based reviews of national regulatory measures to operate within clearly defined limits. Accordingly, this article first examines and summarizes the relevant texts, including the original 1947 GATT, the Uruguay Round, and the NAFTA texts on standards. Next, the article considers the role of science in the standard-setting process with reference to the copious literature on this topic. Finally, the article takes up the difficult question of the application of the …
Make Trade Rules Attuned To The Ecological Needs And Interests Of Future Generations: Cli Recommendation No. 15, David A. Wirth
Make Trade Rules Attuned To The Ecological Needs And Interests Of Future Generations: Cli Recommendation No. 15, David A. Wirth
David A. Wirth
This recommendation observes that international trade agreements as currently structured do not establish minimum standards so as to protect the climate for present and future generations. Accordingly, it advocates potential strategies that could be employed in future rounds of international trade negotiations to mobilize the international trade regime in the pursuit of climate-friendly policies. These strategies include, among others, the elimination of climate-degrading subsidies, the liberalization of trade in climate-friendly goods and services, and the promotion of climate-friendly investments (particularly in the energy sector). In addition, the recommendation proposes a modification in trade rules to account for the greenhouse-gas intensity …
International Trade Law: Cli Background Paper No. 10, David A. Wirth
International Trade Law: Cli Background Paper No. 10, David A. Wirth
David A. Wirth
No abstract provided.
The President, The Environment, And Foreign Policy: The Globalization Of Environmental Politics, David A. Wirth
The President, The Environment, And Foreign Policy: The Globalization Of Environmental Politics, David A. Wirth
David A. Wirth
By comparison with domestic environmental issues, international environmental diplomacy is distinguished by the far greater role of the Executive Branch, and in particular the President, in making law. This essay explores the legal consequences of the President's dual role in international environmental diplomacy: his duty faithfully to execute statutory mandates adopted by Congress while also serving as the Nation's chief diplomat and negotiator of international agreements with foreign powers. The piece discusses the legal and policy dynamics surrounding two concrete examples affecting domestic and international environmental policy, in which Presidential power assumes dramatically different forms: (1) climate change, and in …