Science and Technology in International Economic Law
Balancing Competing Interests
Edited by Bryan Mercurio, Kuei-Jung Ni
To Be Published October 1st 2013 by Routledge – 256 pages
This book brings together renowned contributors to explore the status and interaction of, and between 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 seeking a proper balance between promoting trade and investment liberalization and ensuring decisions are based on a sound scientific process and without hampering technological development. The book features chapters from a range of experts including Tomer Broude, Lukasz Gruszczynski, Jürgen Kurtz, Andrew Mitchell. Part 1 focuses on the science of health risks associated with trade in goods, while Part 2 considers the role of technology in the international trade of services, Part 3 covers issues of science and technology that cut across both the trade and investment regimes and Part 4 discusses scientific and technological aspects of trade-related intellectual property issues. In bringing together the issues of science and technology, international trade law, investment law and intellectual property the book addresses the question of whether and how the trade and investment regimes utilise science and technology, and whether it does so fairly and in the interest of global justice.
1. Introduction Part 1: Trade in Goods: Science and Health Risk 2.Science and the Settlement of Trade Disputes in the WTO, Lukasz Gruszczynski 3.Did Science Speak Clear and Fair in the Trade and Food Safety Adjudication? Decent Response of the WTO to Indecent International Standard-Making of Science, Kuei-Jung Ni 4. Biotechnology, Trade Law and Bio-Ethics, Austin Pulle 5. Importation of American Beef to Korea: International Legal Issues, Deok-young Park Part 2: Trade in Services: Technology 6. Lessons of the Appellate Body Rulings in the U.S. Gambling Case, Mitsuo Matsushita 7. The Principle of Technology of Neutrality: A Panacea or a Pandora's Box?, Jia-Xiang Hu 8. Google's China Problem: A Case Study on Trade and Technology under the GATS, Henry Gao Part 3: Cross-cutting issues in Trade, Investment, Science and Technology 9. Australia’s Plain Packaging of Tobacco Products: Finding the Science to Ensure Trade Laws Are Not Breached by Health Measures, Andrew Mitchell 10. Science as a Common Proxy for Rational Regulation: The Converging Strands of International Trade and Investment Law, Jürgen Kurtz 11. R&D Subsidies: Gaps between the International Law Regulating Investment and Trade in Goods and Services, Tomer Broude Part 4: Trade, Intellectual Property, Science and Technology 12. 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 13. Legal Implications of TRIPS plus of FTA for Taiwan Generic Drugs Industry: Challenges and Suggestions on the Legislation of Generic Drug for Taiwan within the Future Negotiations of a US-Taiwan FTA, FangChen Lee 14. The Developments of IPRs and TRIPS in the Area of Enforcement via Other Agreements, Kimberlee Weatherall 15. Liability Rule: A Better Solution for Developing Countries in Promoting and Protecting Innovations?, Richard Li-dar Wang
Bryan Mercurio is a Professor at the Faculty of Law at The Chinese University of Hong Kong.
Kuei-Jung Ni is an Associate Professor at the National Chiao Tung University, Taiwan.