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The conflict between free trade and public health measures : the role of science

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dc.contributor.advisor Booysen, Hercules Prévost, Marie Denise, 1971- en 2015-01-23T04:24:07Z 2015-01-23T04:24:07Z 1999-11 en
dc.identifier.citation Prévost, Marie Denise, 1971- (1999) The conflict between free trade and public health measures : the role of science, University of South Africa, Pretoria, <> en
dc.description.abstract The needs of the free trade regime and governments' legitimate regulatory aims in the area of public health protection conflict. Government health measures create barriers to free trade and are thus disciplined by the trade regime. This conflict is addressed in the rules of the World Trade Organization, in the Agreement on the Application of Sanitary and Phytosanitary Measures. This Agreement uses science to mediate the conflict. The reason for the reliance on science is the view that it provides a neutral, universally-valid discipline and that thus the results of testing health measures for scientific validity would be acceptable to both parties in a dispute. This uncritical approach towards science is called into question. An analysis of the relevant science-based disciplines of the SPS Agreement and their interpretation in WTO dispute settlement shows the flaws in this system. A re-evaluation of the WTO rules governing health regulation is called for.
dc.format.extent 1 online resource (44, vii leaves) en
dc.language.iso en
dc.subject International trade law
dc.subject World Trade Organization
dc.subject Public health measures
dc.subject Science-based disciplines
dc.subject Scientific uncertainty
dc.subject Free trade
dc.subject Agreement on Sanitary and Phytosanitary Measures
dc.subject Risk assessment
dc.subject Risk management
dc.subject Standard of review
dc.subject Burden of proof
dc.subject Expert review group
dc.subject Science policy
dc.subject.ddc 343.087 en
dc.subject.lcsh Foreign trade regulation -- Health aspects en
dc.subject.lcsh Consumer protection -- Law and legislation en
dc.subject.lcsh World Trade Organization en
dc.title The conflict between free trade and public health measures : the role of science en
dc.type Dissertation
dc.description.department Law LL.M. en

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