Protection of Public Health and the Role of the Precautionary Principle Under WTO Law: A Trojan Horse Before Geneva's Walls?

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Fordham International Law Journal, Vol: 24, Issue: 1, Page: 519

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Priess, Dr. Hans-Joachim; Pitschas, Dr. Christian
FLASH: The Fordham Law Archive of Scholarship and History
International Law; Law
paper description
This article discusses the different understandings of the meaning of the precautionary principle as a means to cope with public health risks. The article reviews the position of the Treaty Establishing the European Community (“EC”) on this principle to assess whether, and to what extent, the EC’s position conforms to the limits imposed by World Trade Organization (“WTO”) law. I will examine whether the precautionary principle, as interpreted by the EC, is reconcilable with the WTO agreements and forms part of WTO law. As it stands now, other WTO members are well advised to take a cautious stance on the EC's perspective of the precautionary principle. Otherwise, the communication might turn out to be a "Trojan horse."