Applying Lessons from U.S. Judicial Review of Agency Risk Assessments to International Trade Disputes. P. Gerhart, Case Western Reserve University School of Law; and W. Wagner, University of Texas School of Law
In the United States, much attention has been dedicated to considering problems with the courts’ review of agency risk assessments. Yet virtually no consideration has been given to similar problems that might emerge as international bodies convene to review a country’s risk-based standard for protection of public health and safety. Recent indications in the few trade panel decisions that have emerged over the past few years under the SPS agreement of the Uruguay Round, however, suggest that the international trade dispute panels may face many of the same technical incapacities as the judiciary. In this paper we will consider what lessons our experience with judicial review in the United States offers international trade panels and we will offer recommendations on how some of these potential international dispute problems might be mitigated through clarifications on the standards for reviewing domestic risk-based policies.
Go to . . .
2001 SRA Annual Meeting Table of Contents
2001 SRA Annual Meeting Author Index
Main Abstracts Menu Page
RiskWorld Home Page