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.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:unisa/oai:umkn-dsp01.int.unisa.ac.za:10500/15825 |
| Date | 11 1900 |
| Creators | Prévost, Marie Denise, 1971- |
| Contributors | Booysen, Hercules |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Dissertation |
| Format | 1 online resource (44, vii leaves) |
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