Abstract
In September 2000, a World Trade Organization (WTO) panel published its findings in the dispute between Canada and the European Union/France over France's ban on the import and use of chrysotile (white asbestos). The panel upheld the French ban, established that the use of chrysotile is a health risk and the idea of “controlled use” a fallacy, and used (for the first time) an exception clause in the General Agreement on Tariffs and Trade that permits trade-restrictive measures to protect human life or health. At the same time, the panel concluded that the French ban violated international trade laws by treating chrysotile products less favorably than domestically produced alternatives. Some WTO watchers believe that with asbestos as the precedent for bans on toxic substances, the regulation of other, much less well-established, toxic exposures could prove much more difficult. Now the French ban has been upheld, chrysotile producers will increasingly target developing countries. Canada is appealing the WTO decision.
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