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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 …
Is Free Trade "Free?" Is It Even "Trade?" Oppression And Consent In Hemispheric Trade Agreements, Frank J. Garcia
Is Free Trade "Free?" Is It Even "Trade?" Oppression And Consent In Hemispheric Trade Agreements, Frank J. Garcia
Frank J. Garcia
In order for free trade as a policy to deliver fully on its social promise, it must be both “free” and “trade.” In fact, it must be free, in the sense of voluntary, to be trade at all. In other words, for normative and practical reasons, free trade requires that global economic relations be structured through agreements which reflect the consent of those subject to them. The neoliberal trading system today only imperfectly lives up to this obligation. In this essay, I will examine the role of consent in trade agreements, drawing on examples from CAFTA as representative of important …
Just Trade Under Law: Do We Need A Theory Of Justice For International Trade Relations?, Frank J. Garcia
Just Trade Under Law: Do We Need A Theory Of Justice For International Trade Relations?, Frank J. Garcia
Frank J. Garcia
No abstract provided.