Managing emerging infectious diseases: Is a federal system an impediment to effective laws?

Howse, Genevieve

doi:10.1186/1743-8462-1-7

Cited by 7 publications

(3 citation statements)

References 1 publication

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“…The development of a coordinated Australian approach to managing new infectious threats has thus been a challenge, and there is potential for confusion over who has authority in the event of a public health emergency that crosses state borders [11]. …”

Section: Federalism and Public Health Responsementioning

confidence: 99%

“…In Australia, powers over emergency response to public health crises also primarily reside at the state level, with the federal government having limited authority except for quarantine. The development of a coordinated Australian approach to managing new infectious threats has thus been a challenge, and there is potential for confusion over who has authority in the event of a public health emergency that crosses state borders [ 11 ].…”

Section: Federalism and Public Health Responsementioning

confidence: 99%

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The New International Health Regulations and the Federalism Dilemma

Wilson¹,

McDougall²,

Upshur³

2005

PLoS Med

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Section: Federalism and Public Health Responsementioning

confidence: 99%

Section: Federalism and Public Health Responsementioning

confidence: 99%

The New International Health Regulations and the Federalism Dilemma

Wilson¹,

McDougall²,

Upshur³

2005

PLoS Med

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“…As a result, it would certainly be far more difficult to agree among over 160 WTO members on specific criteria that pre-determine which clean energy subsidies can be presumed to be minimally trade-distortive and carve-out from SCM disciplines altogether. 208 Moreover, as Bigdeli rightly notes, broadening the scope for exempting renewable energy subsidies should inevitably be accompanied by a proportionate tightening of abuse-prevention rules and monitoring procedures. Here again, the institutional capacity for subsidy surveillance in the WTO is substantially weaker, and in all likelihood there will never be an equivalent to the supranational authority and control exercised by the European Commission.…”

Section: What Lessons If Any For the Wto?mentioning

confidence: 99%

Sheltering Government Support to ‘Green’ Electricity: The European Union and the World Trade Organization

Durán

2018

ICLQ

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Since the Canada -Renewable Energy (2013) dispute at the World Trade Organization (WTO), the WTO Agreement on Subsidies and Countervailing Measures (SCM) has been the focal point of academic debate on the trade and environment interface, with a growing consensus that WTO subsidy rules need to be revisited with a view to securing 'policy space' for government support to renewable energy. This article explores whether, as suggested by some scholars, the European Union (EU)'s system of justifications for renewable energy aid could serve as a source of inspiration for the WTO. While this proposition may appear attractive at first sight, it is hardly conceivable, or even desirable, that the EU's approach to sheltering renewable energy government support could be transposed to the WTO. This is because the two systems of subsidy control are fundamentally different in both substantive and procedural terms and, importantly, these differences reflect distinct objectives and political/institutional contexts. Nonetheless, this comparative analysis is used to shed light on where the key challenges lay for the WTO in ensuring mutual supportiveness between international trade rules and climate change mitigation objectives. It is argued that the case for reviewing the SCM Agreement cannot be made by simply forging parallels with the EU's regulatory model, but needs to be carefully construed on the basis of a proper understanding of whether and how green policy space is actually constrained under the current WTO subsidy and trade remedy rules. However, this requires better information on existing WTO members' practice in relation to renewable energy subsidies, as well as on their environmental effectiveness and possible trade-distortive impact. In this sense, the most valuable lesson that the WTO can draw from the EU's regulatory experience is the imperative of improving the transparency and knowledge-enhancing side of its subsidy control system.

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Legal rights during pandemics: Federalism, rights and public health laws – a view from Australia

Bennett

2009

Public Health

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Pandemic influenza will cause significant social and economic disruption. Legal frameworks can play an important role in clarifying the rights and duties of individuals, communities and governments for times of crisis. In addressing legal frameworks, there is a need for jurisdictional clarity between different levels of government in responding to public health emergencies. Public health laws are also informed by our understandings of rights and responsibilities for individuals and communities, and the balancing of public health and public freedoms. Consideration of these issues is an essential part of planning for pandemic influenza.

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Managing emerging infectious diseases: Is a federal system an impediment to effective laws?

Cited by 7 publications

References 1 publication

The New International Health Regulations and the Federalism Dilemma

The New International Health Regulations and the Federalism Dilemma

Sheltering Government Support to ‘Green’ Electricity: The European Union and the World Trade Organization

Legal rights during pandemics: Federalism, rights and public health laws – a view from Australia

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