"Preface" [2013] ELECD 628; in Van Calster, Geert; Prévost, Denise (eds), "Research Handbook on Environment, Health and the WTO" (Edward Elgar Publishing, 2013) xviii

Book Title: Research Handbook on Environment, Health and the WTO

Editor(s): Van Calster, Geert; Prévost, Denise

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847208972

Section Title: Preface

Number of pages: 3

Extract:

Preface


the `domestic regulatory autonomy' debate in world trade law pitches the
freedom of a sovereign state to pursue important `regulatory' interests
(such as environment, public health, consumer protection and animal
welfare) against the free trade commitments which the same state has vol-
untarily committed to. at multilateral level, these trade commitments are
found in the agreements of the World trade organization (Wto).
Free trade agreements, including those making up the body of Wto
law, are not oblivious to the continuing desire of participating states to
regulate to promote the societal interests referred to above. consequently
they provide, to varying degrees, room for `domestic regulatory auton-
omy', subject of course to the checks and balances provided by the legal
disciplines in the relevant agreement. these disciplines aim to limit the
impact of national regulations on liberalised trade, both by preventing
disguised protectionism and by reducing the trade restrictive effect of
legitimate regulation. this fragile balance between free trade and regula-
tory autonomy is particularly crucial in the sensitive areas of health and
the environment, as shown through the discussions in this volume. its
contours have been sketched through the interpretation of key Wto
provisions in considerable case law, initially under the Gatt 1947, and
increasingly under the Wto agreements.
the analysis of Gatt 1947 Panels focused on two main issues. First,
the like product analysis within Gatt non-discrimination rules cir-
cumscribed the possibilities for regulatory distinctions. Gatt Panels
reviewed this issue inter alia in the US ­ Tuna/Dolphin cases, ...