IS ARTICLE 5.7 OF THE SPS AGREEMENT AN APPLICATION OF THE PRECAUTIONARY PRINCIPLE?

The “Precautionary principle” is regarded as the new buzz phrase in the discussion of risk regulation relating to the areas of environment and health. Article 5.7 of the WTO Agreement on the Application of Sanitary and Phytosanitary Measure (SPS Agreement) uses a similar approach to the protection of human, animal and plant life, and health. It is important to pay close attention to some of the relationships concerning the precautionary principle and Article 5.7. Firstly, when a member decides to take sanitary and phytosanitary (SPS) measures, they usually act from the perspective of prudence and precaution. In addition, the precautionary principle finds similar expression in Article 5.7. However, the precautionary principle has not been explicitly written in the SPS Agreement as a ground for justifying the SPS measures in situations that are inconsistent with the obligations set out in the Agreement. The case law shows that the Panel is very careful about the use of the language of precaution. The Appellate Body is reluctant to allow the precautionary principle to override the specific obligations in the Agreement. Whether Article 5.7 can be regarded as an application of the precautionary principle needs to be examined. Under the current discourse, however, this article finds that the precautionary principle cannot by any means be used as an interpretative tool for Article 5.7. Reliance on the precautionary principle to trigger Article 5.7 is supposed to be unsuccessful. As in situations where taking SPS measures threats the environment and health become irreversible, more attention should be paid to practical issues to ensure the necessity and efficacy of the measures.     

Changing Forms of Federalism and Party Electoral Strategies: Belgium and the European Union

The introduction of federalism to a political system changesthe locus of power and offers new incentives to political parties.However, the way in which the new system is introduced influencesthe strategies of parties under the new federal arrangements.When federalism emerges through decentralization, the processencourages a greater focus on regional interests and regionalstrategies by parties. When federalism emerges through centralizationof authority, parties are encouraged to use a federal strategy,emphasizing common interests and common bonds across regions.Using Belgium and the European Union as examples, this articletraces changing party strategies in the wake of institutionalchange.     

Enhancing Civil Remedies for (Sexual) Harassment: s.3 of the Protection from Harassment Act 1997

This commentary explores the scope and content of the Protection from Harassment Act, recently introduced in the UK, focusing in particular on s.3 which creates a civil cause of action for harassment. The author considers the strategic possibilities for feminists concerned with enhancing remedies for sexual harassment as well as the drawbacks of the Act, particularly its capacity to be deployed in a wide range of contexts not all of which necessarily promote justice or enhance civil and political rights. The author concludes by emphasising the important role of the courts in defining and delineating the scope of the Act as well as exploring the possibility of continued development of the common law principle in Wilkinson v. Downton. This revised version was published online in August 2006 with corrections to the Cover Date.     

Endemic violence in south africa: An od solution applied to two educational settings

This article discusses the endemic nature of violence in South Africa. The authors hypothesize that the culture in South Africa is autocratic in nature. They compare the socialization that occurs between democratic and autocratic families and the relationship this has to later problem-solving and conflict resolution behavior. People raised in an authoritarian culture need to develop skills that will enable them to learn an alternative to violence in conflict and problem-solving situations. The authors describe two educational interventions that followed this model. Available results are presented.

Both historically and today, violence in South Africa is endemic. Examples of South Africans committing violent acts because they feel justified fill today's media. Despite hopes and visions for a new South Africa and examples of goodwill and peaceful common ground between the different political positions, these violent acts emanate from all points of the political compass. Historically, we find examples such as the black tribal wars -- the African/Zulu wars, the Zulu/British wars, and the Anglo/Boer Wars.^(1),(2)

Although some positive processes of change occur in the country, a violent approach to problem-solving still remains. It is evident, both through research and perception, that all major population clusters (including whites, Africans, and other populations in South Africa) are predominantly authoritarian by virtue of their origin, their education, and their creed. This authoritarian culture may contribute toward the resistance against democratic processes and possibly heighten the opportunity for violence. The birth of liberation amplifies this dynamic situation. For all parties involved, liberation heightens the “fear for loss”⁽³⁾ and creates a non-productive power struggle. In this paper, we first explore why we believe that violence is endemic in this country, showing how an authoritarian culture may contribute to this problem. Second, we will describe two OD interventions presented in separate educational settings that were designed to reduce violence.     

Washington's Growth and Opportunity Act or Beijing's ‘Overarching Brilliance’: will African governments choose neither?

Growing criticism of Chinese engagement in Africa centres on the risk to African development posed by China's aggressive export policies and the threat to the Washington Consensus and African governance posed by China's ‘non-interference’ approach to engagement. This article challenges both these assumptions. The growth of Chinese trade has a wide range of impacts, depending on the sector in question, and the current terms of trade Washington extends to Africa under the auspices of the agoa do not result in uniformly beneficial effects. With regard to African governance, it is argued that the ‘Washington Consensus’ has been based on competing and often muddled perceptions of US national interest. This fact tempers the regret felt at Washington's loss of influence over the good governance agenda. Evidence is provided to show that China can work within properly regulated countries and industries, if the African governments in question can provide fair, efficient and transparent environments in which to operate.