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Taking interdependence seriously : the need for a reassessment of the precautionary principle in international trade law
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Wagner, Markus (2012) Taking interdependence seriously : the need for a reassessment of the precautionary principle in international trade law. Cardozo Journal of International and Comparative Law, 20 . pp. 713-770.
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Abstract
The international economic system is characterized by
increasing interdependence. This interdependence is a result
of and has led to the creation of rules designed to facilitate
international trade, while also taking account of the risks
associated with the movement of goods across large distances.
However, little attention has been paid to health-related and
environmental externalities that, either directly or indirectly,
result from the increase in trade, but whose harm is
geographically or temporally removed from its source. Given
this situation, it is necessary to reassess the global impact of
products and how they are produced. The Article uses two
examples—climate change and endocrine disrupting
compounds (chemicals that can interfere with the human
hormonal system)—to show the potential negative effects of
today’s economic interdependence. It subsequently explores
the utility of the precautionary principle in international trade
law. Contentious at many levels, the precautionary principle
has received more attention in light of the increasing
recognition of scientific uncertainty about the risks associated
with certain products or production methods. This Article
shows that a carefully delineated version of the precautionary
principle can be both sensible and useful in international
dispute settlement.
| Item Type: | Journal Article | ||||||
|---|---|---|---|---|---|---|---|
| Subjects: | K Law [Moys] > KC International Law | ||||||
| Divisions: | Faculty of Social Sciences > School of Law | ||||||
| Journal or Publication Title: | Cardozo Journal of International and Comparative Law | ||||||
| Publisher: | Yeshiva University * Benjamin N. Cardozo School of Law | ||||||
| Official Date: | 2012 | ||||||
| Dates: |
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| Date of first compliant deposit: | 14 February 2017 | ||||||
| Volume: | 20 | ||||||
| Page Range: | pp. 713-770 | ||||||
| Status: | Not Peer Reviewed | ||||||
| Publication Status: | Published | ||||||
| Access rights to Published version: | Restricted or Subscription Access |
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