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Keywords:

  • WHO/WTO;
  • GMOs;
  • Hormones;
  • Asbestos;
  • Article XX;
  • SPS;
  • TBT;
  • GATT;
  • product/process;
  • Shrimp/Turtle

This article provides a brief critical examination of a 2002 report jointly issued by the World Health Organization and the World Trade Organization on WTO law and public health. The author argues that the report is in many respects misleading as to the content of WTO law, as interpreted by the Appellate Body of the WTO, its final court. In particular, the WHO/WTO report systematically understates or underestimates the margins of regulatory autonomy that WTO member states have to make regulations that protect public health.