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Multilateral trading system under the WTO SPS measures and Public Health Issues

Author: WuJunQiang
Tutor: ZhangLiYing
School: China University of Political Science
Course: International Law
Keywords: Public Health SPS measures GATT1994 Section 20 (b), SPS Agreement
CLC: D996.1
Type: Master's thesis
Year: 2006
Downloads: 167
Quote: 0
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Abstract


1947 General Agreement on Tariffs and Trade (GATT1947) and the 1995 World Trade Organization (WTO) for Parties / struggle between members of the party, the result of mutual compromise is reached between the different values ??of a temporary equilibrium kind best. Although in the early, GATT1947 more concerned with economic growth and trade liberalization, but with the world as well as to accelerate the process of industrialization continue to promote trade liberalization, environmental protection, health and safety issues have become increasingly popular, public health protection is becoming Governments want to achieve policy objectives, GATT1947 is thus began carrying more social responsibility, sustainable development was put on the agenda GATT1947 and eventually adopted in 1994 of the \The \GATT / WTO multilateral trading system of public health issues into its adjustment range that conforms to the trend of the times, but also based on practical considerations, because in today's economic globalization, trade policy is to solve environmental, health and safety issues are an effective way to a. In the GATT / WTO multilateral trading system, through the implementation of SPS measures to protect public health from Parties / member legitimate rights enjoyed by parties, but must ensure that these measures are non-discriminatory and do not constitute a disguised normal trade internationally constraints, which are Parties / members of the party must comply with statutory obligations. Because SPS measures to protect public health but also has positive and negative suppress both positive and negative aspects of international trade and, accordingly, how to deal with public health protection and promotion of the relationship between trade liberalization requires WTO multilateral framework in which to make institutional arrangements. In this paper, and case analysis and comparison of analytical methods to GATT1947 Expert Group and the WTO Dispute Settlement Body of the processing trade disputes involving SPS measures relevant case as the center, combined with GATT1994 Article 20 and \the GATT / WTO multilateral trading system under the Applicable Law SPS measures, and attempt to GATT / WTO multilateral trading system for public health protection and the balance between trade liberalization and make efforts to respond to the de facto confirmed. The first part discusses the origin of public health problems, the problem arises essentially reflects people's own survival, health and safety concerns, but also for the traditional economic development model of reflection and questioning, the article then through a historical perspective and value judgments of public health and the complex relationship between international trade and pointed out to solve the contradiction between the two lies in upholding sustainable development, with a new trade policy to defuse public health and international trade between the containment side. The second part by reviewing the GATT / WTO multilateral trading system on public health issues, as well as within the framework of the WTO related to public health issues related to institutional norms and summarized, analyzed the SPS measures

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