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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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Main Authors: Ansari, Abdul Haseeb, Sri , Wartini
Format: Article
Language:English
Published: Emerald Group Publishing Limited 2014
Subjects:
K Law (General)
KBP Islamic Law
Online Access:http://irep.iium.edu.my/36246/1/Ansari-Wartini-14.pdf
http://irep.iium.edu.my/36246/
http://www.emeraldinsight.com/index.htm
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spelling my.iium.irep.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 REM 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
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
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/36246/1/Ansari-Wartini-14.pdf
http://irep.iium.edu.my/36246/
http://www.emeraldinsight.com/index.htm
_version_ 1643610945595899904
score 13.211869

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