Taking Interdependence Seriously: The Need for a Reassessment of the Precautionary Principle in International Trade Law

Authors

• Markus Wagner, University of Miami School of LawFollow

Abstract

The article advocates for a more prominent role of the precautionary principle in international trade law, particularly within the World Trade Organization (WTO) framework. It argues that this principle, which allows for preventive measures to avoid potential harm even in the absence of scientific certainty, is essential for addressing complex, high-risk issues such as climate change and endocrine-disrupting chemicals (EDCs). The article contends that the WTO's current reliance on robust scientific evidence for trade-restrictive measures may not be feasible or sufficient for such challenges, and it explores how the precautionary principle can be integrated into WTO law to balance trade interests with environmental and health protections.

Disciplines

Banking and Finance Law | International Trade Law | Law

Recommended Citation

Markus Wagner, Taking Interdependence Seriously: The Need for a Reassessment of the Precautionary Principle in International Trade Law, 20 Cardozo J. Int'l & Comp. L. 713 (2012).
Available at: https://larc.cardozo.yu.edu/cjicl/vol20/iss3/5