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The Role of Science in the Uruguay Round and NAFTA Trade Disciplines

Authors
Publisher
Digital Commons @ Boston College Law School
Publication Date
Keywords
  • Economics
  • Government Contracts
  • International Trade
  • Partnerships
  • Politics
  • Trade Regulation
  • Antitrust And Trade Regulation

Abstract

The central theme of this article is the necessity for deference to decision-making processes of national regulatory authorities in the application of these new trade disciplines and the need for trade-based reviews of national regulatory measures to operate within clearly defined limits. Accordingly, this article first examines and summarizes the relevant texts, including the original 1947 GATT, the Uruguay Round, and the NAFTA texts on standards. Next, the article considers the role of science in the standard-setting process with reference to the copious literature on this topic. Finally, the article takes up the difficult question of the application of the science-based trade disciplines in the Uruguay Round and NAFTA texts in the context of the quasi-adjudicatory trade agreement dispute settlement process.

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