Protection of Public Health and the Role of the Precautionary Principle under WTO Law: A Trojan Horse before Geneva's Walls
![handle is hein.journals/frdint24 and id is 543 raw text is: PROTECTION OF PUBLIC HEALTH AND
THE ROLE OF THE PRECAUTIONARY
PRINCIPLE UNDER WTO LAW: A TROJAN
HORSE BEFORE GENEVA'S WALLS?
Dr. Hans-Joachim Priess & Dr. Christian Pitschas*
INTRODUCTION
Public health is a value of eminent importance. This has
long been acknowledged by the General Agreement on Tariffs
and Trade 19941 (GATT) and European Community (Com-
munity or EC) law alike. One striking example of this is the
exceptions provided in Article XX(b) of GATT2 and Article 30 of
the Treaty Establishing the European Community (EC
Treaty),' both of which justify quantitative restrictions on the
trade in goods and measures having an equivalent effect if neces-
sary for the protection of public health. The European Court of
Justice (or ECJ) has rendered a number of decisions that up-
held national measures affecting intra-Community trade because
they were deemed to be necessary to protect public health.4 A
World Trade Organization5 (WTO) panel recently issued a re-
* Freshfields Bruckhaus Deringer, Berlin/Brussels (hans-joachim.priess@
freshfields.com; christian.pitschas@freshfields.com). The authors would like to thank
Ms Kristina Jonek for her help in the preparation of this Essay.
1. General Agreement on Tariffs and Trade 1994, WTO Agreement, Annex IA, at
http://www.wto.org/english/docs-e/legal-e/finale.htm [hereinafter GATT].
2. Id. art. XX(b).
3. Treaty Establishing the European Community, Feb. 7, 1992, OJ. C 224/1
(1992), [1992] 1 C.M.L.R. 573 [hereinafter EC Treaty], incorporating changes made by
Treaty on European Union, Feb. 7, 1992, OJ. C. 224/1(1992), [1992] 1 C.M.L.R. 719
[hereinafter TEU]. The Treaty on European Union (TEU) amended the Treaty es-
tablishing the European Economic Community, Mar. 25, 1957, 298 U.N.T.S. 11 [here-
inafter EEC Treaty], as amended by Single European Act, OJ. L. 169/1 (1987), [1987] 2
C.M.L.R.741 [hereinafter SEA]. The Treaty establishing the European Community
(EC Treaty) was amended by the Treaty of Amsterdam amending the Treaty on Euro-
pean Union, the Treaties establishing the European Communities and certain related
acts, Oct. 2, 1997, OJ. C 340/1(1997) [hereinafter Treaty of Amsterdam]. These
amendments were incorporated into the EC Treaty, and the articles of the EC Treaty
were renumbered in the Consolidated version of the Treaty establishing the European
Community, O.J. C 340/3(1997), 37 I.L.M. 79 [hereinafter Consolidated EC Treaty],
incorporating changes made by Treaty of Amsterdam, supra.
4. See, e.g., Ahlstrom Osakeyhtio v. Commission, Case C-320/93, [1994] E.C.R. I-
5243, 20.
5. Marrakesh Agreement Establishing the World Trade Organization, LEGAL IN-](ViewImageLocal?handle=hein.journals/frdint24&div=30&collection=&method=preview&ext=.png&size=3)
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Protection of Public Health and the Role of the Precautionary Principle under WTO Law: A Trojan Horse before Geneva's Walls
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