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Full-Text Articles in Law

The Role Of Science In Risk Regulation Under The Sps Agreement, Lukasz A. Gruszczynski Mar 2006

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 …


Solución De Controversias Entre Partes En El Acuerdo Para El Fortalecimiento De La Asociación Económica Entre Los Estados Unidos Mexicanos Y Japón, Óscar Cruz Jan 2006

Solución De Controversias Entre Partes En El Acuerdo Para El Fortalecimiento De La Asociación Económica Entre Los Estados Unidos Mexicanos Y Japón, Óscar Cruz

Óscar Cruz Barney

No abstract provided.


El Régimen Jurídico Del Comercio Exterior De México: De La Independencia Al Tratado De Libre Comercio De América Del Norte, Óscar Cruz Jan 2006

El Régimen Jurídico Del Comercio Exterior De México: De La Independencia Al Tratado De Libre Comercio De América Del Norte, Óscar Cruz

Óscar Cruz Barney

No abstract provided.


Science In The Process Of Risk Regulation Under The Wto Agreement On Sanitary And Phytosanitary Measures, Lukasz A. Gruszczynski Jan 2006

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 …


Implications For The Vietnamaese Textile And Apparel Industry In Light Of Abolishing The Multifiber Arrangement And The Us - Vietnam Bilateral Investment Treaty, Joseph Pelzman Jan 2006

Implications For The Vietnamaese Textile And Apparel Industry In Light Of Abolishing The Multifiber Arrangement And The Us - Vietnam Bilateral Investment Treaty, Joseph Pelzman

Joseph Pelzman

No abstract provided.


Review Of The World Trade Organization: Law, Practice And Policy, Frank J. Garcia Dec 2005

Review Of The World Trade Organization: Law, Practice And Policy, Frank J. Garcia

Frank J. Garcia

No abstract provided.


Why Trade Law Needs A Theory Of Justice, Frank J. Garcia Dec 2005

Why Trade Law Needs A Theory Of Justice, Frank J. Garcia

Frank J. Garcia

No abstract provided.


Agricultural Trade And Developing Countries, Carmen G. Gonzalez Dec 2005

Agricultural Trade And Developing Countries, Carmen G. Gonzalez

Carmen G. Gonzalez

This article reviews Global Agricultural Trade and Developing Countries, edited by M.A. Aksoy & J.C. Beghin (Washington DC: World Bank, 2004). The book examines key issues in agricultural trade policy that are of particular significance to developing countries. The book’s strength is its painstaking research and detailed and exhaustive analysis of agricultural trade and production policies in a variety of countries and across a variety of commodities. The book provides a clear explanation of the market distortions caused by agricultural protectionism and of the distributional impacts of agricultural trade liberalization. The book’s weakness is its failure to integrate its analysis …