In light of protests at the WTO meetings, the public health community should have a sound understanding of how international trade organizations affect public health law. As one of the most actively enforced areas of international law, the law of international trade is distinct from more well-recognized areas of public health-related international law, such as human rights and environmental law. The WTO, a body that represents countries who have each signed a series of trade-related treaties, is emerging as a powerful level of intergovernmental rulemaking and dispute resolution. Some WTO treaties have significant potential to impact public health measures, such as the Agreement on Sanitary and Phytosanitary measures (food safety), the Agreement on Technial Barriers to Trade (product hazard labelling), and the Trade-Related Aspects of Intellectual Property Agreement (availability of patented drugs in developing countries). Because the WTO requires use of international risk assessment principles to regulate health hazards and promotes recognition global intellectual property rights, compliance with WTO guidelines will likely have an effect on domestic and international public health concerns. Additionally, because of the legal status of these treaties, the WTO-endorsed standards may directly impact U.S. law and policy in these areas and promote ‘downward harmonization’ of laws designed to protect health and safety. As public health advocates, we have an responsibility to promote and preserve high trade-related health standards in the global trading system. In turn, high standards will fulfill our ethical obligation to our trading partners as well as U.S. trade objectives.
Learning Objectives: 1. Recognize the structure of the WTO, the relationship of international law to domestic law, and the potential effect on U.S. public health law. 2. Recognize some of the specific areas of public health concern in the international trade environment, such as food safety and availability of HIV therapies in developing countries. 3. Understand the role of the U.S. public health community in promoting international standards for health protection.
Keywords: International Systems, Public Health Policy
Presenting author's disclosure statement:
Organization/institution whose products or services will be discussed: NONE
I do not have any significant financial interest/arrangement or affiliation with any organization/institution whose products or services are being discussed in this session.