Science and Technology in International Economic Law
Balancing Competing Interests
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Science and technology plays an increasingly important role in the continued development of international economic law. This book brings together well-known and rising scholars to explore the status and interaction of science, technology and international economic law. The book reviews the place of science and technology in the development of international economic law with a view to ensure a balance between the promotion of trade and investment liberalisation and decision-making based on a sound scientific process without hampering technological development.
The book features chapters from a range of experts – including Lukasz Gruszczynski, Jürgen Kurtz, Andrew Mitchell and Peter K. Yu – who examine a wide range of issues such as investment law, international trade law, and international intellectual property. By bringing together these issues, the book asks how international trade and investment regimes utilise science and technology, and whether they do so fairly and in the interest of broader public policies. This book will be of great interest to researchers of international economic law, health law, technology law and international intellectual property law.
Table of Contents
1. The use of Science and Technology in International Economic Law: An Introduction, Bryan Mercurio Part 1: Trade in Goods: Science and Health Risk 2. Science and the Settlement of Trade Disputes in the WTO, Lukasz Gruszczynski 3. Does Science Speak Clearly and Fairly in the Trade and Food Safety Disputes? The Search for an Optimal Response of WTO Adjudication to Problematic International Standard-Making, Kuei-Jung Ni Part 2: Trade in Services: Technology 4. The Principle of Technology of Neutrality: A Panacea or a Pandora's Box?, Jia-Xiang Hu 6. Renegotiate the WTO "Schedules of Commitments"?: Technological Development and Treaty Interpretation, Shin-Yi Peng Part 3: Cross-cutting issues in Trade, Investment, Science and Technology 7. Australia’s Plain Packaging of Tobacco Products: Finding the Science to Ensure Trade Laws Are Not Breached by Health Measures, Andrew Mitchell 8. Science as a Common Proxy for Rational Regulation: The Converging Strands of International Trade and Investment Law, Jürgen Kurtz 9. Climate Change: Trading, Investing and the Interaction of Law, Science and Technology, Kate Miles Part 4: Trade, Intellectual Property, Science and Technology 10. The International Trade Cat and the Digital Copyright Mouse, Peter K. Yu 11. Ignoring the science: what we know about patents suggests dire consequences from ACTA and the TPPA, Kimberlee Weatherall Part 5: Science and Technology issues and the Developing World 12. Discretionary Injunctive Relief for Patent Infringement: Partial Remuneration after EBay and Its Implications for the Developing World, Richard Li-dar Wang 13. Science to the Law of Subsidies: An Empirical and Political Analysis of Fisheries International Trade, Debashis Chakraborty, Julien Chaisse, and Animesh Kumar 14. Obligations and Opportunities under Articles 66.1 and 67 TRIPS in View of the Upcoming Expiration of the Extended Transition Period in 2013, Bryan Mercurio
Bryan Mercurio is a Professor at the Faculty of Law at The Chinese University of Hong Kong.
Kuei-Jung Ni is Professor of Law at the National Chiao Tung University, Taiwan.