Bird Flu, the OIE, and National Regulation : The WTO's India–Agricultural Products Dispute

This paper provides a legal-economic assessment of issues arising in the Panel Report over the WTO's India–Agricultural Products dispute, one of a growing list of disputes arising at the intersection of the WTO and domestic regulatory policy over human, animal, or plant health. This dispute fea...

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Main Authors: Bown, Chad P., Hillman, Jennifer A.
Format: Journal Article
Language:en_US
Published: Cambridge University Press 2016
Subjects:
Online Access:http://hdl.handle.net/10986/24871
id okr-10986-24871
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spelling okr-10986-248712021-05-25T10:54:40Z Bird Flu, the OIE, and National Regulation : The WTO's India–Agricultural Products Dispute Bown, Chad P. Hillman, Jennifer A. WTO World Trade Organization trade dispute health regulations domestic regulatory policy agricultural trade avian influenza trade policy This paper provides a legal-economic assessment of issues arising in the Panel Report over the WTO's India–Agricultural Products dispute, one of a growing list of disputes arising at the intersection of the WTO and domestic regulatory policy over human, animal, or plant health. This dispute featured allegations that India's import measures applied against avian influenza- (AI-) infected countries over poultry and related products were too restrictive, in light of the World Organisation for Animal Health's (OIE's) scientifically motivated standards and guidelines. We rely on insights from a set of economic models of commercial poultry markets in the presence of negative externalities such as AI. We use such models to motivate critical tradeoffs arising at the intersection of government regulatory regimes designed to deal with AI and how they fit alongside trade agreements such as the WTO and standard-setting bodies such as the OIE, which combine to impose constraints on regulatory and trade policy. While we find the institutional design of the OIE to be well-motivated and we are in broad agreement with the overall thrust of the Panel Report in the dispute, we also highlight a number of subtle issues which pose long-term challenges for the multilateral trading system's ability to balance trade rules with public health concerns. 2016-08-10T18:35:56Z 2016-08-10T18:35:56Z 2016-04 Journal Article World Trade Review 1474-7456 http://hdl.handle.net/10986/24871 en_US CC BY-NC-ND 3.0 IGO http://creativecommons.org/licenses/by-nc-nd/3.0/igo/ World Bank Cambridge University Press Publications & Research :: Journal Article Publications & Research South Asia India
repository_type Digital Repository
institution_category Foreign Institution
institution Digital Repositories
building World Bank Open Knowledge Repository
collection World Bank
language en_US
topic WTO
World Trade Organization
trade dispute
health regulations
domestic regulatory policy
agricultural trade
avian influenza
trade policy
spellingShingle WTO
World Trade Organization
trade dispute
health regulations
domestic regulatory policy
agricultural trade
avian influenza
trade policy
Bown, Chad P.
Hillman, Jennifer A.
Bird Flu, the OIE, and National Regulation : The WTO's India–Agricultural Products Dispute
geographic_facet South Asia
India
description This paper provides a legal-economic assessment of issues arising in the Panel Report over the WTO's India–Agricultural Products dispute, one of a growing list of disputes arising at the intersection of the WTO and domestic regulatory policy over human, animal, or plant health. This dispute featured allegations that India's import measures applied against avian influenza- (AI-) infected countries over poultry and related products were too restrictive, in light of the World Organisation for Animal Health's (OIE's) scientifically motivated standards and guidelines. We rely on insights from a set of economic models of commercial poultry markets in the presence of negative externalities such as AI. We use such models to motivate critical tradeoffs arising at the intersection of government regulatory regimes designed to deal with AI and how they fit alongside trade agreements such as the WTO and standard-setting bodies such as the OIE, which combine to impose constraints on regulatory and trade policy. While we find the institutional design of the OIE to be well-motivated and we are in broad agreement with the overall thrust of the Panel Report in the dispute, we also highlight a number of subtle issues which pose long-term challenges for the multilateral trading system's ability to balance trade rules with public health concerns.
format Journal Article
author Bown, Chad P.
Hillman, Jennifer A.
author_facet Bown, Chad P.
Hillman, Jennifer A.
author_sort Bown, Chad P.
title Bird Flu, the OIE, and National Regulation : The WTO's India–Agricultural Products Dispute
title_short Bird Flu, the OIE, and National Regulation : The WTO's India–Agricultural Products Dispute
title_full Bird Flu, the OIE, and National Regulation : The WTO's India–Agricultural Products Dispute
title_fullStr Bird Flu, the OIE, and National Regulation : The WTO's India–Agricultural Products Dispute
title_full_unstemmed Bird Flu, the OIE, and National Regulation : The WTO's India–Agricultural Products Dispute
title_sort bird flu, the oie, and national regulation : the wto's india–agricultural products dispute
publisher Cambridge University Press
publishDate 2016
url http://hdl.handle.net/10986/24871
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