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

44 Pages Posted: 4 May 2005 Last revised: 13 Jun 2018

See all articles by David A. Wirth

David A. Wirth

Boston College - Law School; Vermont Law School

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 summarized 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.

Suggested Citation

Wirth, David A., The Role of Science in the Uruguay Round and NAFTA Trade Disciplines. Cornell International Law Journal Vol. 27, No. 3, 1994, Boston College Law School Legal Studies Research Paper No. 1994-01, Available at SSRN: https://ssrn.com/abstract=716861

David A. Wirth (Contact Author)

Boston College - Law School ( email )

885 Centre Street
Newton, MA 02459-1163
United States

Vermont Law School

68 North Windsor Street
P.O. Box 60
South Royalton, VT 05068
United States

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