This chapter provides a detailed analysis of the economic, legal and public policy rationales for the application of taxes and other fiscal measures on health-related commodities. The motivation for such taxes has been more often linked to the fiscal revenues generated than to their potential...

The exact role that public perception of risks, and more in general public opinion and consumer concerns, may, and ought to, play in risk decision-making is one of the most challenging, yet little explored, issues under WTO law. How does the WTO take into account public perceptions and ensuing...

While the entry of science into the courtroom is not an entirely new phenomenon, the integration of scientific knowledge into the international courts legal environment is a more recent one. Today not only the outcomes of criminal, paternity and civil liability cases may turn on scientific...

This chapter examines the (non) role that private business operators play in the implementation of WTO Dispute Settlement Reports. More precisely, by analysing the legal status of these decisions in national and regional law, it looks at what individuals are entitled to obtain when a WTO Member...

At a time in which food taxes are causing controversy throughout Europe and discussed across the world, this article provides an analysis of the genesis, rationale, scientific evidence and legal implications stemming from the introduction of such fiscal schemes. By taking as a case study the...

This paper examines the (non) role that private business operators play in the implementation of WTO Dispute Settlement Reports. More precisely, by analysing the legal status of these decisions in national and regional law, it looks at what individuals are entitled to obtain when a WTO Member...

Opinion 1/08 of the Grand Chamber of the European Court of Justice (ECJ) resolves a dispute between the European Commission, supported by the European Parliament, on the one hand, and the Council of the European Union (Council) and fifteen member states, on the other, as to the competence of the...

On September 9, 2008, the European Court of Justice dismissed the appeals by two Italian companies – FIAMM Spa and Giorgio Fedon & Figli Spa – seeking compensation for damages suffered as a consequence of the US increased custom duties authorised by the WTO Dispute Settlement Body (DSB) in...