Application of precautionary principle in international trade law and international environmental law: A comparative assessment
Purpose – The purpose of writing this paper is to present a comparative but critical assessment of the applicability of the precautionary principle (PP) under the SPS Agreement, which is a part of the WTO regime by implication, and under the Cartagena Protocol, which has been made under the Conve...
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| Language: | English |
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Emerald Group Publishing Limited
2014
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| Online Access: | http://irep.iium.edu.my/36246/ http://irep.iium.edu.my/36246/ http://irep.iium.edu.my/36246/ http://irep.iium.edu.my/36246/1/Ansari-Wartini-14.pdf |
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iium-362462014-04-16T00:44:03Z http://irep.iium.edu.my/36246/ Application of precautionary principle in international trade law and international environmental law: A comparative assessment Ansari, Abdul Haseeb Sri , Wartini K Law (General) KBP Islamic Law Purpose – The purpose of writing this paper is to present a comparative but critical assessment of the applicability of the precautionary principle (PP) under the SPS Agreement, which is a part of the WTO regime by implication, and under the Cartagena Protocol, which has been made under the Convention on Biological Diversity. Design/methodology/approach – The paper presents an analytical exposition of both the sets of laws, trade law and environmental law. The methodology adopted is library based. The approach is to bring about an amicable co-existence of both the laws so that they could serve the dual purpose, i.e. promotion of trade and protection of “human, animal and plant life and health” and conservation of the environment. Findings – The DSB of the WTO should give due importance to the PP and should apply it liberally, keeping also in view the environmental aspects, so that along with free trade human, animal and plant health and life, and conservation of the environment are also protected. Practical implications – It will change the present paradigm and will bring both the sets of laws together. Originality/value – It focuses on the life and heath of poor people around the world. It, thus, pleads for application of strong PP. Emerald Group Publishing Limited 2014 Article PeerReviewed application/pdf en http://irep.iium.edu.my/36246/1/Ansari-Wartini-14.pdf Ansari, Abdul Haseeb and Sri , Wartini (2014) Application of precautionary principle in international trade law and international environmental law: A comparative assessment. Journal of International Trade Law and Policy, 13 (1). pp. 19-43. ISSN 1477-0024 http://www.emeraldinsight.com/index.htm DOI 10.1108/JITLP-04-2013-0006 |
| repository_type |
Digital Repository |
| institution_category |
Local University |
| institution |
International Islamic University Malaysia |
| building |
IIUM Repository |
| collection |
Online Access |
| language |
English |
| topic |
K Law (General) KBP Islamic Law |
| spellingShingle |
K Law (General) KBP Islamic Law Ansari, Abdul Haseeb Sri , Wartini Application of precautionary principle in international trade law and international environmental law: A comparative assessment |
| description |
Purpose – The purpose of writing this paper is to present a comparative but critical assessment of
the applicability of the precautionary principle (PP) under the SPS Agreement, which is a part of the
WTO regime by implication, and under the Cartagena Protocol, which has been made under the
Convention on Biological Diversity.
Design/methodology/approach – The paper presents an analytical exposition of both the sets of
laws, trade law and environmental law. The methodology adopted is library based. The approach is to
bring about an amicable co-existence of both the laws so that they could serve the dual purpose,
i.e. promotion of trade and protection of “human, animal and plant life and health” and conservation of
the environment.
Findings – The DSB of the WTO should give due importance to the PP and should apply it liberally,
keeping also in view the environmental aspects, so that along with free trade human, animal and plant
health and life, and conservation of the environment are also protected.
Practical implications – It will change the present paradigm and will bring both the sets of laws
together.
Originality/value – It focuses on the life and heath of poor people around the world. It, thus, pleads
for application of strong PP. |
| format |
Article |
| author |
Ansari, Abdul Haseeb Sri , Wartini |
| author_facet |
Ansari, Abdul Haseeb Sri , Wartini |
| author_sort |
Ansari, Abdul Haseeb |
| title |
Application of precautionary principle in international trade
law and international environmental law: A comparative assessment |
| title_short |
Application of precautionary principle in international trade
law and international environmental law: A comparative assessment |
| title_full |
Application of precautionary principle in international trade
law and international environmental law: A comparative assessment |
| title_fullStr |
Application of precautionary principle in international trade
law and international environmental law: A comparative assessment |
| title_full_unstemmed |
Application of precautionary principle in international trade
law and international environmental law: A comparative assessment |
| title_sort |
application of precautionary principle in international trade
law and international environmental law: a comparative assessment |
| publisher |
Emerald Group Publishing Limited |
| publishDate |
2014 |
| url |
http://irep.iium.edu.my/36246/ http://irep.iium.edu.my/36246/ http://irep.iium.edu.my/36246/ http://irep.iium.edu.my/36246/1/Ansari-Wartini-14.pdf |
| first_indexed |
2023-09-18T20:51:53Z |
| last_indexed |
2023-09-18T20:51:53Z |
| _version_ |
1777410048919601152 |