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The conflict between free trade and public health measures : the role of science

The needs of the free trade regime and governments' legitimate regulatory aims in
the area of public health protection conflict. Government health measures create
barriers to free trade and are thus disciplined by the trade regime.
This conflict is addressed in the rules of the World Trade Organization, in the
Agreement on the Application of Sanitary and Phytosanitary Measures. This
Agreement uses science to mediate the conflict. The reason for the reliance on
science is the view that it provides a neutral, universally-valid discipline and that
thus the results of testing health measures for scientific validity would be acceptable
to both parties in a dispute.
This uncritical approach towards science is called into question. An analysis of the
relevant science-based disciplines of the SPS Agreement and their interpretation in
WTO dispute settlement shows the flaws in this system. A re-evaluation of the WTO
rules governing health regulation is called for. / Law / LL.M.

Identiferoai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:unisa/oai:uir.unisa.ac.za:10500/15825
Date11 1900
CreatorsPrevost, Marie Denise, 1971-
ContributorsBooysen, Hercules
Source SetsSouth African National ETD Portal
LanguageEnglish
Detected LanguageEnglish
TypeDissertation
Format1 online resource (44, vii leaves), application/pdf

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