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Most of us do not immediately think of health protection measures as trade
barriers. Yet to the trade liberalization interest they are often exactly that
– ‘hidden protectionism,’ some would say. When the conflict between trade and
health hardens into a confrontation, allocation of the burden of proof becomes
the critical factor in determining the outcome. And the outcome of such a WTO
dispute may affect a very large number of people.
This important book examines the WTO provisions applicable to health
protection measures from a burden of proof perspective, with an up-to-date and
thorough analysis of all relevant case law. It clearly demonstrates and
explains the following and more:
how burden of proof decisions, following from the burden of proof concept as
it has developed in national legal systems and in general international law,
may favour or disfavor different interests;
the problems that may occur when risk-related facts have to be proved;how the
legal facts in the WTO provisions specifically regulating the adoption of
health protection measures have been interpreted in case law; and
how the burden of proof concept can be used to balance the conflicting
interests in ways other than those used so far.
No other source offers such a comprehensive analysis of WTO provisions
applicable to health protection measures. This book’s burden of proof
perspective makes it an especially valuable resource for trade law experts,
WTO member representatives, and interested NGOs seeking to understand and
discuss the balancing of health protection and trade liberalization.
List of Abbreviations. Acknowledgements. Chapter 1 Introduction.
Chapter 2 The Burden of Proof Concept. Chapter 3 The Burden of
Proof in WTO Law. Chapter 4 Health Protection Measures under the GATT
1994. Chapter 5 Health Protection Measures under the SPS Agreement.
Chapter 6 Summary and Conclusions. Bibliography. Table of Cases. Index.