The Precautionary Principle and/or Risk Assessment in World Trade Organization Decisions: A Possible Role for Risk Perception

Risk Analysis ◽  
2004 ◽  
Vol 24 (2) ◽  
pp. 491-499 ◽  
Author(s):  
Bernard Goldstein ◽  
Russellyn S. Carruth
Keyword(s):  
Risk Assessment ◽  
Risk Perception ◽  
World Trade Organization ◽  
Precautionary Principle ◽  
World Trade ◽  
The Precautionary Principle

The Role of Risk Assessment in Precautionary Intervention: A Comparison of Judicial Trends in the EC and WTO

2007 ◽  
Vol 4 (6) ◽  
pp. 455-467 ◽  
Author(s):  
Elen Stokes
Keyword(s):  
Risk Assessment ◽  
European Community ◽  
Precautionary Principle ◽  
World Trade ◽  
Case Law ◽  
World Trade Organisation ◽  
The Precautionary Principle ◽  
The World ◽  
Phytosanitary Measures

AbstractThis paper focuses on the meanings attached to the "precautionary principle" in judgments passed down by the World Trade Organisation (WTO) and the European Community (EC) courts. It speaks to claims that, in response to WTO litigation, the EC courts are beginning to construe the precautionary principle in a manner that more closely resembles obligations arising from the Agreement on Sanitary and Phytosanitary Measures (the SPS Agreement). It illustrates that although disparities between interpretations in EC and WTO case law of legitimate precautionary intervention are growing to be less obvious, inconsistencies continue to exist.

Environmental Directing Principles versus Free Trade

2020 ◽  
pp. 495-518
Author(s):  
Nicolas de Sadeleer
Keyword(s):  
World Trade Organization ◽  
Free Trade ◽  
Precautionary Principle ◽  
World Trade ◽  
Societal Implications ◽  
The Precautionary Principle ◽  
Trade And The Environment ◽  
The World

This chapter focuses on the conflict between the precautionary principle and free trade within the World Trade Organization (WTO). It explains that the said conflict illustrates the role that environmental principles can play in modifying a debate with major legal as well as societal implications. It stresses the odd twists and tangled hierarchies characteristic of post-modern law which may be encountered in disputes involving trade and the environment.

scholarly journals The implication of the precautionary principle on international trade

2021 ◽  
Author(s):  
◽  
Fitria Anindhita H. Wibowo
Keyword(s):  
International Trade ◽  
World Trade Organization ◽  
International Law ◽  
Precautionary Principle ◽  
World Trade ◽  
The Precautionary Principle ◽  
Trade Law ◽  
International Trade Law ◽  
The World ◽  
Wto Agreements

<p>This paper looks at the origin and nature of the precautionary principle as an emerging principle in international law that arises as a response to the impacts of human activities on the environment. As a chosen focus, this paper discusses the implication of the precautionary principle on international trade by looking at its relationship and interaction with international trade law under the World Trade Organization. This paper explores the consistency and conflicts between the precautionary principle and the rules under the WTO Agreements by examining the different and possibly similar values underlying both. This paper discusses the problem areas where the precautionary principle can conflict with WTO rules as well as explore areas where they can be made to comply with each other.</p>

scholarly journals The implication of the precautionary principle on international trade

2021 ◽  
Author(s):  
◽  
Fitria Anindhita H. Wibowo
Keyword(s):  
International Trade ◽  
World Trade Organization ◽  
International Law ◽  
Precautionary Principle ◽  
World Trade ◽  
The Precautionary Principle ◽  
Trade Law ◽  
International Trade Law ◽  
The World ◽  
Wto Agreements

<p>This paper looks at the origin and nature of the precautionary principle as an emerging principle in international law that arises as a response to the impacts of human activities on the environment. As a chosen focus, this paper discusses the implication of the precautionary principle on international trade by looking at its relationship and interaction with international trade law under the World Trade Organization. This paper explores the consistency and conflicts between the precautionary principle and the rules under the WTO Agreements by examining the different and possibly similar values underlying both. This paper discusses the problem areas where the precautionary principle can conflict with WTO rules as well as explore areas where they can be made to comply with each other.</p>

The Sanitary and Phytosanitary Agreement of the World Trade Organization: Debunking Its Reliance on Scientific Evidence and Reluctance to Endorse Potential Biotechnology Risks

2021 ◽  
pp. 1-17
Author(s):  
Muhammad ISLAM
Keyword(s):  
Risk Assessment ◽  
World Trade Organization ◽  
World Trade ◽  
Dispute Settlement ◽  
Scientific Evidence ◽  
Scientific Uncertainty ◽  
The World ◽  
Precautionary Measures ◽  
Phytosanitary Measures ◽  
Biotech Products

The World Trade Organization (WTO) Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) relies on scientific evidence as a conclusive risk assessment criterion, which ignores the inherent limitations of science. This article highlights certain trade-restrictive effects of scientific evidence and comments on the Agreement’s aversions to precautionary measures and the consumer concern of the harmful effects of biotech products that may be necessary to protect public health and biosecurity in many WTO Member States. These measures and concerns have become pressing issues due to surging consumer awareness and vigilance concerning environmental protection and food safety. The Agreement is yet to overcome the weaknesses of its endorsed international standardising bodies, the problematic definition of scientific evidence and treatment of justification for scientific risk assessment methods and the implementation difficulties faced by most developing states. This article analyses these issues under the provisions of the Agreement and the interpretations of the WTO Dispute Settlement Body in disputes involving SPS matters, which fall short of addressing scientific uncertainty surrounding biotech products and their associated risks.

scholarly journals Child-centred pandemic decisions: how the Precautionary Principle can generate better risk assessment in an era of uncertainty

2021 ◽  
Author(s):  
Amanda Kvalsvig ◽  
Jin Russell ◽  
Carmen Timu-Parata ◽  
Michael G. Baker
Keyword(s):  
Risk Assessment ◽  
Precautionary Principle ◽  
Burden Of Proof ◽  
Integrated Approach ◽  
Health Impact ◽  
Preventive Action ◽  
The Precautionary Principle ◽  
Health Impact Assessments ◽  
Comprehensive Health ◽  
Indirect Impacts

Abstract Key messagesRisk assessment for children has been a polarising issue during the Covid-19 pandemic. Governments around the world are preparing to ‘open up’ before risks to children are fully quantified, with unknown implications for their long-term health.Applying the Precautionary Principle to child health requires decision makers to 1) take preventive action until risks are better understood; 2) ensure that the burden of proof rests with proponents of risk; 3) explore alternatives to the risk; and 4) use participatory approaches to decision-making.Policies relating to children must be centred on the rights and wellbeing of children. We provide a framework for comprehensive Health Impact Assessments to ensure that direct and indirect impacts upon children are taken into account in major policy decisions.Elimination strategies offer an integrated approach to the protection of children’s wellbeing, the wellbeing of the population as a whole, and health equity. Where countries are transitioning away from elimination, a tight suppression approach is preferable to loose suppression or mitigation.

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