Publication

Human health and the WTO

Thumbnail Image
License
ISSN
Issue Date
Type of Publication
Keyword(s)
LC Subject Heading
Other Topic(s)
EUI Research Cluster(s)
Initial version
Published version
Succeeding version
Preceding version
Published version part
Earlier different version
Initial format
Citation
Michael FAURE (ed.), Trade and environmental law, Vol. XI of Elgar encyclopedia of international environmental law, Cheltenham : Edward Elgar Publishing, 2021, pp. 751-761
Cite
PETERSMANN, Ernst-Ulrich, Human health and the WTO, in Michael FAURE (ed.), Trade and environmental law, Vol. XI of Elgar encyclopedia of international environmental law, Cheltenham : Edward Elgar Publishing, 2021, pp. 751-761 - https://hdl.handle.net/1814/73608
Abstract
WTO law distinguishes legal restraints governing non-discriminatory health regulations from those governing discriminatory trade restrictions used by WTO members for protecting human health. The reciprocal rights, obligations and judicial restraints under WTO law protect sovereign rights (e.g. to safeguard health), non-discriminatory treatment, transparency and proportionality of trade-related health measures, and transnational rule-of-law in ways reconciling WTO law with multilevel governance of non-economic public goods. WTO law does not refer to the health rights of citizens. Yet, interpreting WTO rules in conformity with the human rights obligations of WTO members can enhance legitimacy and efficiency of health regulations.
Table of Contents
Additional Information
External Links
Version
Research Projects
Sponsorship and Funder Information