Incorporating Science, Economics, and Sociology in Developing Sanitary and Phytosanitary Standards in International Trade

Incorporating Science, Economics, and Sociology in Developing Sanitary and Phytosanitary Standards in International Trade

Author: National Research Council

Publisher: National Academies Press

Published: 2000-05-31

Total Pages: 289

ISBN-13: 0309183529

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The rapid expansion of international trade has brought to the fore issues of conflicting national regulations in the area of plant, animal, and human health. These problems include the concern that regulations designed to protect health can also be used for protection of domestic producers against international competition. At a time when progressive tariff reform has opened up markets and facilitated trade, in part responding to consumer demands for access to a wide choice of products and services at reasonable prices, closer scrutiny of regulatory measures has become increasingly important. At the same time, there are clear differences among countries and cultures as to the types of risk citizens are willing to accept. The activities of this conference were based on the premise that risk analyses (i.e., risk assessment, management, and communication) are not exclusively the domain of the biological and natural sciences; the social sciences play a prominent role in describing how people in different contexts perceive and respond to risks. Any effort to manage sanitary and phytosanitary (SPS) issues in international trade must integrate all the sciences to develop practices for risk assessment, management, and communication that recognize international diversity in culture, experience, and institutions. Uniform international standards can help, but no such norms are likely to be acceptable to all countries. Political and administrative structures also differ, causing differences in approaches and outcomes even when basic aims are compatible. Clearly there is considerable room for confusion and mistrust. The issue is how to balance the individual regulatory needs and approaches of countries with the goal of promoting freer trade. This issue arises not only for SPS standards but also in regard to regulations that affect other areas such as environmental quality, working conditions, and the exercise of intellectual property rights. This conference focused on these issues in the specific area of SPS measures. This area includes provisions to protect plant and animal health and life and, more generally, the environment, and regulations that protect humans from foodborne risks. The Society for Risk Analysis defines a risk as the potential for realization of unwanted, adverse consequences to human life, health, property, or the environment; estimation of risk is usually based on the expected value of the conditional probability of the event occurring times the consequence of the event given that it has occurred. The task of this conference and of this report was to elucidate the place of science, culture, politics, and economics in the design and implementation of SPS measures and in their international management. The goal was to explore the critical roles and the limitations of the biological and natural sciences and the social sciences, such as economics, sociology, anthropology, philosophy, and political science in the management of SPS issues and in judging whether particular SPS measures create unacceptable barriers to international trade. The conference's objective also was to consider the elements that would compose a multidisciplinary analytical framework for SPS decision making and needs for future research.


Nontariff Measures and International Trade

Nontariff Measures and International Trade

Author: John Christopher Beghin

Publisher: World Scientific Publishing Company

Published: 2016-11-28

Total Pages: 393

ISBN-13: 9813144416

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Nontariff Measures and International Trade includes 20 chapters authored by John Beghin and co-authors over the last 20 years on the economics of quality-standard like nontariff measures in the context of international trade. This book provides a coherent and comprehensive treatment of these nontariff measures, from their measurement to their effects on trade and welfare. In Part I, the authors use different perspectives to make the case that, unlike tariffs, quality-standard like nontariff measures are complex to measure and analyze and do not easily lead to general policy prescriptions. Then, Part II contains contributions on measurements of welfare and trade effects of nontariff measures, accounting for potential market imperfections. Part III presents chapters on the potential protectionism of nontariff measures when they are used to favor some economic agents over society. The last part presents cases studies of nontariff measures in different industries, markets, and countries.


The Economics of Quarantine and the SPS Agreement

The Economics of Quarantine and the SPS Agreement

Author: Kym Anderson

Publisher: University of Adelaide Press

Published: 2012

Total Pages: 432

ISBN-13: 1922064327

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The Uruguay Round of multilateral trade negotiations, culminating in the GATT Secretariat being transformed into the World Trade Organization (WTO) on 1 January 1995, has altered forever the process of quarantine policymaking by national governments. On the one hand, WTO member countries retain the right to protect the life and health of their people, plants and animals from the risks of hazards such as pests and diseases arising from the importation of goods. On the other hand, the WTO's Agreement on Sanitary and Phytosanitary Measures (the SPS Agreement) requires that quarantine measures be determined in a manner that is transparent, consistent, scientifically based, and the least trade-restrictive. This collection resulted from an international workshop funded and organised by Biosecurity Australia, the agency of government responsible for analysing Australia's quarantine import risks and for negotiating multilateral SPS rules and less restrictive access to overseas markets for Australian produce. The workshop, which was held at the Melbourne Business School on 24-25 October 2000, brought together a distinguished group of applied economists and quarantine policy analysts whose focus involves regions as disparate as Europe, North America, Africa, Asia and New Zealand, in addition to Australia.


International Trade and Health Protection

International Trade and Health Protection

Author: Tracey Epps

Publisher: Edward Elgar Publishing

Published: 2008-01-01

Total Pages: 365

ISBN-13: 1848443870

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This detailed and fully referenced text is a valuable resource both for practitioners and academics. Michael Blakeney, International Trade Law and Regulation Interspersing law with societal context, this volume by Dr Epps stands out among WTO analysis. The author offers a delightfully balanced view on the nature and origin of SPS measures (including references to history) whilst at the same time mastering the hard law of the SPS Agreement in detail. Practitioners will enjoy the detailed analysis of WTO dispute settlement. A reference book for practice and academia, and also a very, very good read. Geert Van Calster, Katholieke Universiteit, Leuven, Belgium This book examines and critiques the WTO s Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement), asking whether it strikes an appropriate balance between conflicting domestic health protection and trade liberalization objectives. It pays particular attention to situations likely to occur but not yet fully examined either in the literature or in WTO law; most importantly, where public opinion demands regulation in the face of scientific uncertainty as to the existence or otherwise of a health risk. Tracey Epps concludes that the SPS Agreement s science-based framework is capable of dealing with the differing objectives of health and trade, and that it provides countries with more flexibility to respond to scientific uncertainties and public sentiment than many critics contend. This conclusion is strongly influenced by a positive analysis of domestic regulatory decision-making, which finds potential for regulatory capture by domestic protectionist interests and thus emphasizes the importance of ensuring that decisions are made on a sound and principled basis. Including a historical overview of disputes over trade and health since the 1800s, this book provides a comprehensive analysis of and new perspective on an important area of intersection between international trade law and domestic policy. It will be of interest to a wide-ranging audience including legal and non-legal academics, policy makers and analysts in the field of risk regulation, trade law practitioners in governments, and lawyers and analysts in international institutions.


Dynamics of Regulatory Change

Dynamics of Regulatory Change

Author: David Vogel

Publisher: Univ of California Press

Published: 2004-12-31

Total Pages: 384

ISBN-13: 9780520245358

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Critics of globalization claim that economic liberalization leads to a lowering of regulatory standards. As capital and corporations move more freely across national boundaries, a race to the bottom results as governments are forced to weaken labor and environmental standards to retain current contracts or attract new business. The essays in this volume argue that, on the contrary, under certain circumstances global economic integration can actually lead to the strengthening of consumer and environmental standards. This volume extends the argument of David Vogel’s book Trading Up, which discussed environmental standards, by focusing on the impact of globalization on labor rights, women’s rights and capital market regulations.


Trade, Health and the Environment

Trade, Health and the Environment

Author: Marjolein van Asselt

Publisher: Routledge

Published: 2013-10-30

Total Pages: 266

ISBN-13: 1134595727

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The trade conflicts that the EU has faced within the EU or WTO context demonstrate that the question of how to balance trade and other societal values in situations of uncertainty has not been solved by the regulatory model evolved by the EU in the aftermath of the BSE crisis – one which privileges processes of depoliticisation and scientification. This book addresses the current key dilemmas around science, law and the regulation of trade, both on a regime level and in the context of particular industrial sectors, e.g pharmaceuticals, climate change and nanotechnology. It will present possible future research avenues by looking at both theory and practice and learning from various disciplines (law and social sciences), legal realities (WTO, USA and EU) and actors (regulators, stakeholders, courts).


Agriculture and The World Trade Organisation

Agriculture and The World Trade Organisation

Author: G. S. Bhalla, Jean-Luc Racine, Frédéric Landy

Publisher: Les Editions de la MSH

Published: 2008-05-05

Total Pages: 324

ISBN-13: 2735113787

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The volume offers to the reader a multi-faceted dialogue between noted experts from two major agricultural countries, both founding members of the Word Trade Organisation, each one with different stakes in the great globalisation game. After providing the recent historical background of agricultural policies in India and France, the contributors address burning issues related to market and regulation, food security and food safety, the expected benefits from the WTO and the genuine problems raised by the new forms of international trade in agriculture, including the sensitive question of intellectual property rights in bio-technologies. This informed volume underlines the necessity of moving beyond the North-South divide, in order to address the real challenges of the future.


Cultural Products and the World Trade Organization

Cultural Products and the World Trade Organization

Author: Tania Voon

Publisher: Cambridge University Press

Published: 2007-06-28

Total Pages: 39

ISBN-13: 1139464833

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Debate about trade and culture has a long history, but the application of WTO rules to cultural products such as films, radio, and books remains one of the most divisive issues in the organization. After assessing the economic and social arguments for treating cultural products differently from things like steel or wheat, this 2007 book explains how the vastly different views of WTO members in earlier negotiations led to an outcome that is disappointing for all. It goes on to provide a comprehensive evaluation of possible solutions, including evolution of the law through WTO dispute settlement, an agreement outside the WTO, and reforms to improve the balance between trade liberalization and cultural policy objectives.


Uncertain Risks Regulated

Uncertain Risks Regulated

Author: Ellen Vos

Publisher: Routledge

Published: 2009-01-26

Total Pages: 553

ISBN-13: 1135391521

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Uncertain Risks Regulated compares various models of risk regulation in order to understand how these systems shape the relationship between law and science, and how they attempt to overcome public distrust in science-based decision-making. The book contributes to the ongoing debate relating to uncertainty and risks - and the difficulties faced by the European Union in particular - in regulating theses issues, taking account of both national and international constraints. The term 'uncertain risk' is comparable with notions of hazard and indeterminate risk, as deployed within the social sciences; but it also aims to capture the modern regulatory reality that a non-quantifiable hazard must still be addressed by society, law and its regulators. Decisions must be taken in the face of uncertainty. And, whilst it is not possible to provide clear cut models of risk regulation, in focusing on regulatory practices at a national, EU and international level, the contributors to this volume aim to use fact finding as a core instrument of learning for risk regulation.