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.

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.

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 Picking the Wrong Fight: Why Attacks on the World Trade Organization Pose the Real Threat to National Environmental and Public Health Protection

2005 ◽  
Vol 5 (4) ◽  
pp. 47-72 ◽  
Author(s):  
Alasdair R. Young
Keyword(s):  
Public Health ◽  
World Trade ◽  
Market Access ◽  
World Trade Organisation ◽  
The World ◽  
National Governments ◽  
Public Health Protection ◽  
Health Regulations ◽  
Consumer Advocates

A principal reason for popular concern about the World Trade Organisation is that national rules—especially those for environmental and public health pro-tection—may be overturned because they are incompatible with the WTO's rules. This article argues that while these concerns are not totally unfounded, they are exaggerated. A central reason for this exaggeration is that environmental and consumer advocates discount the pivotal role of governments in the dispute resolution process. Governments agree to the multilateral rules in the first place. Governments decide which market access barriers to pursue and how aggressively. Governments determine how to comply with a WTO judgment that goes against them. Furthermore, this article contends that by exaggerating the constraint imposed upon national governments by the WTO, consumer and environmental advocates run the risk of actually discouraging the very environmental and public health regulations they favor.

Role of the precautionary principle in the EU risk assessment process on industrial chemicals

2003 ◽  
Vol 75 (11-12) ◽  
pp. 2535-2541 ◽  
Author(s):  
J. de Bruijn ◽  
Bjorn Hansen ◽  
S. Munn
Keyword(s):  
Risk Assessment ◽  
Precautionary Principle ◽  
Assessment Process ◽  
Practical Implementation ◽  
The European Union ◽  
Industrial Chemicals ◽  
The Precautionary Principle ◽  
Scientific Experts ◽  
General Guidance

This paper discusses the practical implementation of the precautionary principle in the area of management of industrial chemicals in the European Union. An analysis of a number of recent cases where the precautionary principle was invoked shows that the main reason for doing so were the uncertainties in the risk assessment (or the underlying effects or exposure data), which were, according to the scientific experts, so high that the "normal" level of certainty could not be obtained. The challenge for the future is to try to develop general guidance or rules that will support the policymakers in their decision as to whether this uncertainty is so large that action is warranted or whether it is acceptable to wait until further information has become available.

scholarly journals The world trade organisation and Human Rights: The role of principles of Good Governance

2017 ◽  
Vol 11 (2) ◽  
pp. 87
Author(s):  
Jeroen Denkers ◽  
Nicola Jägers
Keyword(s):  
Human Rights ◽  
World Trade ◽  
Good Governance ◽  
World Trade Organisation ◽  
International Organisations ◽  
The World Bank ◽  
The World ◽  
Protection Of Human Rights ◽  
The International Monetary Fund

The present article attempts to determine the role of principles of good governance in the discussion regarding the World Trade Organisation (WTO) and its human rights accountability. It shows that the WTO as an organisation cannot be compared to other international organisations that are more autonomous such as the International Monetary Fund (IMF) or the World Bank. This does not mean, however, that the WTO has no autonomous powers at all. This contribution attempts to make clear what these activities are and how they may affect the protection of human rights. The implementation of good governance principles in international organisations can be considered a sine qua non for the realisation of human rights. Therefore, it will be examined what role the principles of good governance plays within the WTO. More specifically, the focus will be on how the good governance principles of transparency and participation can contribute to sensitising the organisation for human rights considerations.

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