The Regulation Of Product Standards In World Trade Law
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Author | : Ming Du |
Publisher | : Bloomsbury Publishing |
Total Pages | : 256 |
Release | : 2020-11-12 |
Genre | : Law |
ISBN | : 1509931147 |
This monograph has two central purposes. The first is to provide a critical analysis of how governmental, private and hybrid product standards are regulated in the GATT/WTO legal framework. The second purpose is to explore – both positively and normatively – the impact that WTO disciplines may have on the composition, function and decision-making process of various standard-setting bodies through the lens of a series of selected case studies, including: the EU eco-labelling scheme; ISO standards; and private standards such as the FSC. The book analyses what role, if any, the WTO may play in making product standards applied in international trade embody not only technological superiority but also substantive and procedural fairness such as deliberation, representativeness, openness, transparency, due process and accountability. Whilst it has been long recognised that voluntary product standards drawn up by both governmental and non-governmental bodies can in practice create trade barriers as serious as mandatory governmental regulations, a rigorous and systematic inquiry into the boundary, relevance and impact of WTO disciplines on product standards is still lacking. Providing a lucid interpretation of the relevant WTO rules and cases on product standards, this book fills this significant gap in WTO law literature. Definitive and comprehensive, this is an essential reference work for scholars and practitioners alike.
Author | : Christian Struck |
Publisher | : Kluwer Law International |
Total Pages | : 0 |
Release | : 2014 |
Genre | : Foreign trade regulation |
ISBN | : 9789041149503 |
Promising response to this challenge - presented in this book - is offered by a harmonization of the multiplicity of rules, standards, guidelines, and recommendations that characterizes the current system of international trade regulation. Based primarily on the author's thorough research on the rules on harmonization within the World Trade Organization (WTO) Agreements on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) and on Technical Barriers to Trade (TBT Agreement), this book sets forth a workable scheme for the harmonization of public and private regulations and st.
Author | : Boris Rigod |
Publisher | : Cambridge University Press |
Total Pages | : 321 |
Release | : 2015-11-13 |
Genre | : Business & Economics |
ISBN | : 1107116120 |
This book applies a law and economics methodology to enquire into the interface between regulation and international trade law.
Author | : United Nations Conference on Trade and Development |
Publisher | : |
Total Pages | : 164 |
Release | : 2010 |
Genre | : Political Science |
ISBN | : |
The publication contains an explanation of Most Favored Nation (MFN) treatment and some of the key issues that arise in its negotiation, particularly the scope and application of MFN treatment to the liberalization and protection of foreign investors in recent treaty practice. The paper provides policy options as regards the traditional application of MFN treatment and identifies reactions by States to the unexpected broad use of MFN treatment, and provides several drafting options, such as specifying or narrowing down the scope of application of MFN treatment to certain types of activities, clarifying the nature of "treatment" under the IIA, clarifying the comparison that an arbitral tribunal needs to undertake as well as a qualification of the comparison "in like circumstances" or excluding its use in investor-State cases.
Author | : Shin-yi Peng |
Publisher | : Cambridge University Press |
Total Pages | : 365 |
Release | : 2021-10-14 |
Genre | : Law |
ISBN | : 1108957153 |
Artificial intelligence (AI) technologies are transforming economies, societies, and geopolitics. Enabled by the exponential increase of data that is collected, transmitted, and processed transnationally, these changes have important implications for international economic law (IEL). This volume examines the dynamic interplay between AI and IEL by addressing an array of critical new questions, including: How to conceptualize, categorize, and analyze AI for purposes of IEL? How is AI affecting established concepts and rubrics of IEL? Is there a need to reconfigure IEL, and if so, how? Contributors also respond to other cross-cutting issues, including digital inequality, data protection, algorithms and ethics, the regulation of AI-use cases (autonomous vehicles), and systemic shifts in e-commerce (digital trade) and industrial production (fourth industrial revolution). This title is also available as Open Access on Cambridge Core.
Author | : Pierre Sauve |
Publisher | : World Bank Publications |
Total Pages | : 246 |
Release | : 2003-08-29 |
Genre | : Political Science |
ISBN | : 0821383434 |
Trade in services, far more than trade in goods, is affected by a variety of domestic regulations, ranging from qualification and licensing requirements in professional services to pro-competitive regulation in telecommunications services. Experience shows that the quality of regulation strongly influences the consequences of trade liberalization. WTO members have agreed that a central task in the ongoing services negotiations will be to develop a set of rules to ensure that domestic regulations support rather than impede trade liberalization. Since these rules are bound to have a profound impact on the evolution of policy, particularly in developing countries, it is important that they be conducive to economically rational policy-making. This book addresses two central questions: What impact can international trade rules on services have on the exercise of domestic regulatory sovereignty? And how can services negotiations be harnessed to promote and consolidate domestic policy reform across highly diverse sectors? The book, with contributions from several of the world's leading experts in the field, explores a range of rule-making challenges arising at this policy interface, in areas such as transparency, standards and the adoption of a necessity test for services trade. Contributions also provide an in-depth look at these issues in the key areas of accountancy, energy, finance, health, telecommunications and transportation services.
Author | : Ming Du |
Publisher | : Bloomsbury Publishing |
Total Pages | : 348 |
Release | : 2020-11-12 |
Genre | : Law |
ISBN | : 1509931155 |
This monograph has two central purposes. The first is to provide a critical analysis of how governmental, private and hybrid product standards are regulated in the GATT/WTO legal framework. The second purpose is to explore – both positively and normatively – the impact that WTO disciplines may have on the composition, function and decision-making process of various standard-setting bodies through the lens of a series of selected case studies, including: the EU eco-labelling scheme; ISO standards; and private standards such as the FSC. The book analyses what role, if any, the WTO may play in making product standards applied in international trade embody not only technological superiority but also substantive and procedural fairness such as deliberation, representativeness, openness, transparency, due process and accountability. Whilst it has been long recognised that voluntary product standards drawn up by both governmental and non-governmental bodies can in practice create trade barriers as serious as mandatory governmental regulations, a rigorous and systematic inquiry into the boundary, relevance and impact of WTO disciplines on product standards is still lacking. Providing a lucid interpretation of the relevant WTO rules and cases on product standards, this book fills this significant gap in WTO law literature. Definitive and comprehensive, this is an essential reference work for scholars and practitioners alike.
Author | : Mira Burri |
Publisher | : Cambridge University Press |
Total Pages | : 407 |
Release | : 2021-07-29 |
Genre | : Business & Economics |
ISBN | : 110884359X |
An exploration of the current state of global trade law in the era of Big Data and AI. This title is also available as Open Access on Cambridge Core.
Author | : Food and Agriculture Organization of the United Nations |
Publisher | : Food & Agriculture Org. |
Total Pages | : 72 |
Release | : 2018-05-25 |
Genre | : Political Science |
ISBN | : 9251097933 |
This publication emphasizes the importance of participation and engagement of governments in standards development in Codex and in resolving trade concerns in the WTO SPS and TBT Committees, as well as the importance of capacity development, which together contribute to the dynamism and robustness of the global system of food standards and trade.
Author | : Humberto Zúñiga Schroder |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 234 |
Release | : 2011-07-01 |
Genre | : Law |
ISBN | : 9041142754 |
Standards are a feature of virtually all areas of trade in products and services. Yet, although standards may achieve an efficient economic exchange, they have discriminatory consequences for trading partners when governments formulate or apply them in such a way as to cause obstacles to trade, thus enrolling standards among the increasingly significant ‘non-tariff barriers’ regulated by the WTO. This unique and original study analyses the functions that standards fulfil in the market, their effect on trade, and the legal regime based on harmonization, equivalence and mutual recognition developed by the WTO to deal with standards. The author investigates the way in which both the WTO Technical Barriers to Trade (TBT) and the Sanitary and Phytosanitary (SPS) Measures Agreements regulate these three tools, and discusses key topics including: The definition of the concept ‘International Standard’ in the TBT Agreement. Guidelines on equivalence issued by organizations such as the Codex Alimentarius Commission, the World Organization for Animal Health and the International Plant Protection Convention. Parallels between the EC mutual recognition regime and the WTO system. This is the first work on its subject. With its detailed and practical analysis of WTO law on standards, the book is a fundamental reference for practitioners, academics and policy makers in international trade law.