Trade, health, and the burden of proof in WTO law
By: Joachim Åhman
Series: Global trade law series -- vol. 39
Publisher: Kluwer Law International; Sold and distributed in North, Central, and South America by Aspen Publishers
Published: 2012
Place of publication: Alphen aan den Rijn, The Netherlands; Frederick, MD
Language: eng
Number of pages: 327
ISBN-13: 9789041138255
Subjects: World Trade Organization; Rules and practice; Foreign trade regulation; Health aspects
Other titles: Trade, health, and the burden of proof in World Trade Organization law
Description: "Most of us do not immediately think of health protection measures as trade barriers. Yet to the trade liberalization interest they are often exactly that - hidden protectionism,' some would say. When the conflict between trade and health hardens into a confrontation, allocation of the burden of proof becomes the critical factor in determining the outcome. And the outcome of such a WTO dispute may affect a very large number of people. This important book examines the WTO provisions applicable to health protection measures from a burden of proof perspective, with an up-to-date and thorough analysis of all relevant case law. It clearly demonstrates and explains the following and more: how burden of proof decisions, following from the burden of proof concept as it has developed in national legal systems and in general international law, may favour or disfavour different interests; the problems that may occur when risk-related facts have to be proved; how the burden of proof has been handled in WTO law, focusing particularly on the requirement to establish a so-called 'prima facie case'; how the legal facts in the WTO provisions specifically regulating the adoption of health protection measures have been interpreted in case law; and how the burden of proof concept can be used to balance the conflicting interests in ways other than those used so far.
Notes: Slightly revised and updated version of the author's thesis (doctoral)--University of Gothenburg, Göteborg, Sweden, 2011.

Includes bibliographical references (p. [291]-301) and index.