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Full-Text Articles in Law
Science In The Process Of Risk Regulation Under The Wto Agreement On Sanitary And Phytosanitary Measures, Lukasz A. Gruszczynski
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 …
Impacts Of The North American Free Trade Agreement On Indigenous Peoples And Their Interests, Brenda L. Gunn
Impacts Of The North American Free Trade Agreement On Indigenous Peoples And Their Interests, Brenda L. Gunn
Brenda L. Gunn
This article argues that while trade liberalization has the potential to have positive economic effects upon Indigenous peoples, NAFTA does not adequately take into account and protect Indigenous peoples concerns and interests. While the purpose of international trade regulation is to remove trade barriers and ensure a level playing field, current trade regimes do impact Indigenous peoples' rights and interests. Therefore the interaction of international trade and Indigenous peoples' rights merits consideration. The article begins with a brief introduction to NAFTA and describes some of the provisions contained therein. Next, the article looks at the threes governments’ views about NAFTA …
A Theoretical And Political Analysis Of The Wto Appellate Body, Shoaib A. Ghias
A Theoretical And Political Analysis Of The Wto Appellate Body, Shoaib A. Ghias
Shoaib A. Ghias
Economic liberalization not only requires rules goveming economic exchange (such as multilateral trade agreements), but also institutions (such as courts) goveming how rules are enforced. However, once courts are established to govem economic exchange, they tend to expand their competence to political and social policy. Political scientists have used this theoretical framework to explain the evolution of national (for example the U.S. Supreme Court) and quasi-intemational (for example the European Court of Justice) judicial institutions. In this article, I explain how this model can be extended to a truly intemational "judicial" institution, the WTO's Appellate Body. In short, the Appellate …