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Trade and Public Health


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Table of Contents

1. Intersections between trade and non-communicable disease; 2. Normative integration: using health instruments in interpretation of the WTO covered agreements; 3. Freedom to use taxes, subsidies and restrictions on marketing; 4. Necessity and regulatory autonomy under the GATT; 5. Product regulation and labeling measures under the SPS and TBT agreements; 6. Reallocating authority at the international level: delegation, legalisation and harmonisation; 7. Conclusion.

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Examines extent to which law of the WTO restricts domestic implementation of taxes, restrictions on marketing, product regulation and labeling measures for public health purposes.

About the Author

Benn McGrady is an Australian lawyer based at the O'Neill Institute for National and Global Health Law at Georgetown University. He is an Adjunct Professor at the Georgetown University Law Center and a Research Assistant Professor in the Department of International Health, School of Nursing and Health Studies. He has provided legal advice to public health bodies and international organizations concerning the impact of international trade and investment law on measures to protect public health and has published work in journals such as the Journal of International Economic Law, the World Trade Review and the Journal of World Trade.


'The merging tensions between the norms - legal and otherwise - of free trade and public health protection related to tobacco, alcohol, and food have been receiving increasing scholarly attention, but, until now, there has not been a relatively comprehensive discussion of the principal issues framing these tensions. Writing chiefly from a legal perspective, and focussing purposefully on the World Trade Organization's (WTO) relationships with these three major public health areas, McGrady's Trade and Public Health: The WTO, Tobacco, Alcohol and Diet addresses many facets of the key issues.' World Trade Review

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