Traditional Chinese Medicine and European Union Law: Cultural Logics, Product Identities, Market Competition, Legal Rechanneling, and the Need for Global Legal and Medical Pluralism

62 Pages Posted: 9 Dec 2013 Last revised: 2 Nov 2015

Francis Snyder

Peking University School of Transnational Law; CERIC, Aix-Marseille University; College of Europe, Bruges; Northwest University of Agriculture and Forestry

Yi Lu

Yale University, Law School, Students; Peking University School of Transnational Law; Center for Research on Transnational Law, Peking University School of Transnational Law

Gulrez Yazdani

Institute of Capital Markets (ICM)

Date Written: December 8, 2013

Abstract

This paper explores the European Union (EU) regulatory regime for Traditional Chinese Médicine and its legal, cultural, economic , and international trade implications. The controversial Directive on Traditional Herbal Medicinal Products (THMPD) amended the European Community Code for medicinal products in 2004, with effect as of 2011. It set new standards for imports of herbal medicines, which previously had been exported from China mainly as food, food suppléments or other products. The paper analyses the new EU regime and evaluates it in the light of (a)the EU's policy objectives, (b) its role as a legal rechanneling device and effects on market competition, (c) the altered position of Chinese producers and exporters, (d) a general evaluation and (e) social solidarity ethics and pluralism. It concludes that the EU regulatory regime for TCM falls short on all counts. On the basis of this critical evaluation, the paper calls for greater medical and legal pluralism, stresses the need for increased participation of other countries in EU decision-making about medicines, and identifies priorities for further research.

Keywords: European Union law, Traditional Chinese Medicine, international trade, China, Good Manufacturing Practice, regulation, competition, public health, food law, legal pluralism, ethics

JEL Classification: A14, F10, F13, F14, I11, I18, K32, K33, L65, O31

Suggested Citation

Snyder, Francis and Lu, Yi and Yazdani, Gulrez, Traditional Chinese Medicine and European Union Law: Cultural Logics, Product Identities, Market Competition, Legal Rechanneling, and the Need for Global Legal and Medical Pluralism (December 8, 2013). Peking University Law Journal, July 2014; Peking University School of Transnational Law Research Paper No. 15-2. Available at SSRN: https://ssrn.com/abstract=2364958 or http://dx.doi.org/10.2139/ssrn.2364958

Francis Snyder (Contact Author)

Peking University School of Transnational Law ( email )

University Town,
Xili, Nanshan District
Shenzhen, Guangdong 518055
China

CERIC, Aix-Marseille University

Faculté de Droit et de SP., 3 av. Robert Schuman
AIX-EN-PROVENCE, 13628
France

College of Europe, Bruges

Dijver 11
B-8000 Brugge, Oost Vlanderen 10000
Belgium

Northwest University of Agriculture and Forestry ( email )

3 Taicheng Road
Yangling, Xianyang, Shaanxi 71200
China

Yi Lu

Yale University, Law School, Students ( email )

127 Wall Street
New Haven, CT 06511
United States

Peking University School of Transnational Law ( email )

University Town
Xili Nanshan District
Shenzhen, Guangdong 518055
China

Center for Research on Transnational Law, Peking University School of Transnational Law ( email )

University Town
Xili Nanshan District
Shenzhen, Guangdong 518055
China

Gulrez Yazdani

Institute of Capital Markets (ICM) ( email )

1st Floor, Arif Habib Centre
23 M.T Khan Road
Karachi, Sindh 78400
Pakistan

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