This book gathers papers from distinguished experts discussing how health based trade restrictive measures have fared in WTO case law. With an analysis of applicable primary law (GATT, TBT, and SPS) and all case law in the area of trade and health, this book offers a comprehensive discussion on the standards established for the regulation of public health and safety issues. Experts in the field answer two important questions - (1) How can a country which is a member of the WTO define its policy on health issues? and (2) What are the WTO constraints on the exercise of health policy, if any? The various contributions in this volume aim to demonstrate how the world trading regime has come of age and accepted that trade liberalization cannot take place at the expense of nationally defined social values.
Author Biography
George A. Bermann is the Walter Gellhorn Professor of Law and Jean Monnet Professor of European Union Law at Columbia Law School. He is also the Director of the European Legal Studies Center at Columbia. He is co-editor-in-chief of American Journal of Comparative Law and founder and chair of Columbia Journal of European Law. Petros C. Mavroidis is Professor of Law at Columbia Law School. He has worked in the WTO's legal division in the 1990s and has written extensively on the organization and its predecessor, GATT. He is also involved with the American Law Institute as a chief co-reporter on the principles of WTO law.