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Full-Text Articles in Law

The Tbt Agreement And Tobacco Control Regulations, Lukasz A. Gruszczynski Oct 2013

The Tbt Agreement And Tobacco Control Regulations, Lukasz A. Gruszczynski

Lukasz A Gruszczynski

The article analyses reports issued by the panel and the Appellate Body in the US – Measures Affecting the Productions and Sale of Clove Cigarettes dispute and attempts to assess their broader consequences for national tobacco control policies. Both reports are particularly important because they clarify the limits existing under WTO law, in particular the TBT Agreement, in this policy space. In this context, the article investigates whether the WTO dispute settlement bodies interpreted relevant rules of the TBT Agreement in a manner that provides countries with sufficient regulatory autonomy while ensuring at the same time that their technical measures …


The Who Protocol To Eliminate Illicit Trade In Tobacco Products: A Next Step In International Control Of Tobacco Products, Lukasz A. Gruszczynski Oct 2013

The Who Protocol To Eliminate Illicit Trade In Tobacco Products: A Next Step In International Control Of Tobacco Products, Lukasz A. Gruszczynski

Lukasz A Gruszczynski

This report discusses the main provisions of the recently adopted WHO Protocol to Eliminate Illicit Trade in Tobacco Products. While recognizing the remarkable achievement of the global community in its efforts to curb illicit trade in tobacco products at the international level, the report also highlights those aspects of the Protocol that may undermine its effectiveness in the long-term perspective. In this context the enforcement capabilities of developing countries are cited as a main concern.


The Reach Regulation And The Tbt Agreement: The Role Of The Tbt Committee In Regulatory Processes, Lukasz A. Gruszczynski Dec 2012

The Reach Regulation And The Tbt Agreement: The Role Of The Tbt Committee In Regulatory Processes, Lukasz A. Gruszczynski

Lukasz A Gruszczynski

The REACH Regulation is one of the most complex regulatory frameworks ever designed by the EU. The Regulation intends to comprehensively address, for the first time in history, the health and environmental risks posed by chemicals. It imposes certain registration, evaluation and authorization requirements for both imported and domestically produced chemical substances. On international level, the Regulation has been met with strong criticism coming from many of the EU’s trading partners. Although countries in general have acknowledged the legitimacy of the objectives sought by the EU, they have expressed numerous concerns regarding the necessity and proportionality of the new system. …


Standard Of Review Of Health And Environmental Regulations By Wto Panels, Lukasz A. Gruszczynski Dec 2012

Standard Of Review Of Health And Environmental Regulations By Wto Panels, Lukasz A. Gruszczynski

Lukasz A Gruszczynski

This chapter assesses the applicable standard of review in sanitary and phytosanitary (SPS) disputes with complex factual issues. In particular, the chapter analyzes how the new deferential standard, set out by the Appellate Body (AB) in US/Canada - Continued Suspension of Obligations in the EC – Hormones Dispute, is actually applied in practice (determining reasonableness of risk assessment, not its correctness). To this end, the AB report in Australia – Measures Affecting the Importation of Apples from New Zealand is scrutinized. The conclusion is reached that although the applicable standard of review under the SPS Agreement (particularly under Articles 2.2 …