WTO Confidential: The Case of Asbestos

The World Trade Organization (WTO), established in 1995, adjudicates “trade disputes” between member nations in cases with human rights, cultural, environmental, and public health significance. Throughout the resolution process and even after a case's conclusion, little of what happens is made accessible to the public. However, it is one thing to criticize the WTO for its lack of transparency from outside the process and another to critically examine what was withheld from disclosure and what dangers that presents. This is the inside story from a scientific adviser to one party in a WTO case, who analyzes what happened from a public health point of view. The analysis concludes that the public health justification for banning asbestos was accepted in the end by WTO economists, despite the WTO's bias in favor of the party (Canada) making the free trade challenge (to public health legislation), despite the WTO's lack of expertise in science, medicine, engineering, and public health, and despite important erroneous statements made to the WTO under the cover of confidentiality. The case nevertheless illustrates that the WTO's threat to national sovereignty could never withstand the light of day if the limitations and dangers of the process were open for all to see.