Trade in Food: Regulatory and Judicial Approaches in the EC and the WTOCameron May, 2007 - 540 pages Trade in Food surveys and explores the evolution of the European Community's regulation of food within the broader framework set out by the WTO Agreements. Its main purpose is to provide readers keen to deepen their knowledge of the field with easy access to the EC and WTO food laws accompanied by a critical explanation and commentary. The book is suitable for legal practitioners, judges, policy-makers, officials of international organizations as well as post graduate students of international trade law and policy, international and European economic law, global administrative law and risk regulation. |
From inside the book
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... Scientific Justification 297 1.1 The Origins 298 1.2 The Codification of the Scientific Justification Requirements: from Scientific Evidence to Risk Assessment 302 1.3 The Use of scientific Evidence within the EC 304 1.4 Conclusions 305 ...
... Scientific Justification 297 1.1 The Origins 298 1.2 The Codification of the Scientific Justification Requirements: from Scientific Evidence to Risk Assessment 302 1.3 The Use of scientific Evidence within the EC 304 1.4 Conclusions 305 ...
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Contents
Acknowledgments | 13 |
Glossary | 19 |
B Why a Comparison between the EC and the WTO? | 26 |
The Evolution of European Food Law its Four Major Eras of Development | 33 |
Articles 9495 EC | 43 |
Conclusions on the Genesis | 49 |
Towards the Europeanisation of Food Risk 19972002 | 61 |
the New Food Safety Regime and the Establishment of EFSA 2003present | 71 |
Risk Regulations in EC and WTO Law | 297 |
The WTO and Scientific Justification | 307 |
Why do both the EC and the WTO Rely on Science? | 313 |
A The Pfizer Judgment | 329 |
B Towards a Minimum Risk Threshold? | 344 |
Towards an EC Expert Consultation System? | 358 |
Some Proposals to Help the Judge when Reviewing Science | 365 |
Conclusions | 371 |
General Obligation to Ensure that Food is Safe | 147 |
F External Dimension of the EC Food Legislation | 159 |
the Scientific Point of Reference for the Whole Union | 169 |
Organisational Independence and Accountability | 210 |
Why the EFSA is not a Europeanstyle Food and Drug Administration Some Elements for a Comparison | 216 |
Reconciling Science Traditions Consumer Concerns and Free Movement | 222 |
Historical Background of the GATTWTO Regulation of Food | 231 |
The SPS Agreement and its Main Obligations | 239 |
Harmonisation 4 1 The SPS Agreement and the Relevant International | 261 |
The Role of Codex within the SPS Agreement | 269 |
Mutual Recognition and Equivalence | 274 |
Permission for Precautionary Action | 280 |
Notification and Transparency Requirements | 289 |
Comparing Food Safety Regulatory Frameworks | 377 |
B The Lack of a Risk Analysis Scheme within the WTO SPS Food Regime | 384 |
The Integration of Other Legitimate Factors into the EC and WTOSPS Risk Analysis Models | 395 |
B Conclusions on the Role of Other Factors in Codex | 403 |
Towards a Common Food | 417 |
Comparing Standards of Review | 425 |
A Procedural Intensityvariable Standard of Review for Science Based Regulatory Measures? | 432 |
Conclusion | 443 |
Annex EC | 485 |
Annex GATT | 499 |
| 529 | |
Common terms and phrases
according action additives adopted animal application approach appropriate Article authority basis bodies Codex Commission Committee Community concerning considered consumer contested Council countries courts decision determine developed Directive economic effect EFSA ensure established European existing experts extent fact factors final food safety framework governments harmonisation human important imposed institutions integration interpretation issues Journal judicial justified legislation level of protection matters measures Member necessary objective obligations operators organisations Organization panel paragraph particular parties phytosanitary precautionary principle procedures proposed protection public health question reasons referred regime regulation regulatory relating relevant rely Report request requirements respect restrictions result risk analysis risk assessment risk management role rules sanitary scientific evidence scientific opinions specific SPS Agreement standard of review standards studies supra note technical trade Treaty uncertainty