Although few citizens outside of the livestock industry have heard about this veterinary drug, ractopamine is set to become not only the source of public concern but also the trigger of another endless transatlantic trade dispute. After years of scientific and political deadlock, the Codex...

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...

Environmental, health, and safety advocates, say Richard Revesz and Michael Livermore, have been wrongly hostile to cost-benefit analysis because of a false belief that it is biased against regulation. The bias against regulation, while real, has been the artifact of historical accident - the...

The provisions of EU law that are relevant to health insurance are either competition law and state aid, or public procurement. Which regime is applied depends mainly on the definition of the undertaking. At the same time, the internal market rules are also relevant, notably the non-life...

In the EU harmonisation of healthcare has long been elusive. Article 168 paragraph 7 TFEU even forms a sector-specific subsidiarity clause. Meanwhile the ECJ handed down a series of judgments concerning patients' rights to reimbursement for healthcare consumed in other Member States. An initial...

The aim of this paper is to call for the need of a theoretical model of pharmaceutical products safety in which the two systems of regulation and liability operate complementarily. The question is why two legal tools that are meant to achieve and protect the same goal (protection of consumers)...

Has the United States suffered a regulatory breakdown? The answer to this question might appear to be an obvious “yes.” Over the past several years, the nation has suffered not only a sustained economic downturn triggered by a cataclysmic financial crisis but also one of the worst...

This report focuses on three major state law issues: tort liability, scope of practice, and the corporate practice of medicine doctrine. The authors argue that statutory and regulatory schemes need to be re-examined to ensure that Accountable Care Organizations (ACOs) can form. For example,...

The United States has long suffered from a schizophrenia about energy policy. The importance of one of the factors in energy policy, the environment, has never been formally defined. Climate change adds another distinct layer to this complexity, as neither energy policies nor environmental...

This article outlines a possible analytical framework employing recent and relevant World Trade Organization (“WTO”) jurisprudence for evaluating whether technical regulations such as the European Union's (“EU's”) European Community's (“EC's”) regulatory regime for the Registration,...