- List of Contributors
- List of Abbreviations
- List of Cited GATT Panel and Working Party Reports and their Common Abbreviations
- List of Cited WTO Panel and Appellate Body Reports, Other Initiated WTO Disputes, and their Common Abbreviations
- Table of Cases
- The Evolution of the World Trading System – The Economic and Policy Context
- The Evolution of the World Trading System – The Legal and Institutional Context
- The Place of the WTO in the International System
- WTO Institutional Aspects
- Responding to National Concerns
- Regional Trade Agreements
- The Institutional Dimension
- Jurisdiction, Applicable Law, and Interpretation
- Procedural and Evidentiary Issues
- Standard of Review in WTO Law
- Remedies and Compliance
- The Limits of Judicial Processes
- Trade and Development
- Trade and Environment
- Trade and Labour
- Trade and Human Rights
- Trade and Health
- Trade and Investment
- Trade and Competition Policy
- WTO and Civil Society
- International Trade Law, United Nations Law, and Collective Security Issues
- Regulating Multinational Corporations and International Trade Law
- Law, Culture, and Values in the WTO – Gazing into the Crystal Ball
Abstract and Keywords
The protection of public health is, traditionally, a responsibility of the State. Health measures embrace a variety of concerns. This article describes a complex of initiatives undertaken by World Trade Organization (WTO) Members, including the operation of health delivery systems, insurance schemes, and pharmaceutical controls. The TRIPS Agreement has also raised significant concerns about its potential effects on the pursuit of autonomous national health policies. This article discusses in detail the SPS Agreement, which imposes new requirements on WTO Members with respect to SPS measures that are distinct from the familiar requirements of the general agreement on tariffs and trade (GATT) 1994. For those health measures that fall outside of the scope of the SPS Agreement, the GATT 1994 principles on non-discrimination and import restrictions continue to apply.
Jeffery Atik, Professor of Law and Sayre Macneil Fellow, Loyola Law School.
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