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Author: Marianna B. Karttunen Publisher: ISBN: Category : Agreement on the Application of Sanitary and Phytosanitary Measures Languages : en Pages : 320
Book Description
Transparency of trade regulations by all WTO Members is essential for open, fair and predictable trade relations. Because of the negative integration process followed by the WTO Agreements, a myriad of different regulations apply in all WTO Members and have the potential of affecting international trade. With the progressive lowering of tariffs since 1947, these differing regulations remain the most significant barriers to trade, and the most difficult to reduce. The Agreements on Sanitary and Phytosanitary (SPS) measures and on Technical Barriers to Trade (TBT) provide the most comprehensive frameworks to address the costs arising from such regulatory diversity, through extensive obligations on regulatory transparency and cooperation and introducing elements of positive integration. Does transparency, within the SPS and TBT Agreements prevent disputes from rising, or ensure all Members access necessary information to raise more and better disputes? Through a presentation of the legal obligations and institutional framework of the two agreements (Part I), an in-depth analysis of the issues encountered by WTO Members in the implementation of the two Agreements and raised as trade concerns in the SPS and TBT Committees (Part II), and a study of the factors leading to disputes and transparency’s role in addressing them (Part III), this thesis will demonstrate that transparency as it exists under the two agreements has the potential to both complement dispute settlement, by giving equal access to information for Members to raise disputes, and substitute dispute settlement, by fostering dialogue between Members before their frictions escalate to formal disputes. In this sense, the strength of the WTO legal and institutional system goes well beyond its dispute settlement system, with enforcement of WTO obligations fostered by better information sharing and dialogue among Members themselves, through non-judicial means.
Author: OECD Publisher: OECD Publishing ISBN: 9264451838 Category : Languages : en Pages : 104
Book Description
This publication highlights how the WTO’s Agreements on Technical Barriers to Trade (TBT) and on the Application of Sanitary and Phytosanitary Measures (SPS) and the work of their related Committees promote opportunities for regulatory cooperation among governments and ease trade frictions. It demonstrates how members’ notification of draft measures, harmonisation of measures with international standards, discussion of specific trade concerns and other practices help to facilitate global trade in goods. The study also makes recommendations on how to benefit further from the transparency and cooperation opportunities provided by the TBT and SPS Agreements.
Author: Lukasz Gruszczynski Publisher: Oxford University Press ISBN: 0192659790 Category : Law Languages : en Pages : 385
Book Description
The 1995 WTO Agreement on Sanitary and Phytosanitary Measures (SPS) is concerned with trade and food safety regulation, and with the regulation of pests and diseases in agriculture. It establishes legal standards while affirming the right of each member to choose its own level of SPS protection. However, the question of whether the balance has been properly struck remains a matter of ongoing debate. The Commentary provides a detailed update of the first edition authored by Joanne Scott in 2007. It reflects 15 years of change in SPS case law and practice. It critically examines current issues such as use of experts in the dispute settlement process, applicable standard of review, or legal treatment of private standards in food safety. Moreover, the Commentary assesses the suitability of the current regime to address the existing needs of developing countries The commentary also examines how science-based criteria and the traditional GATT standards (non-discrimination and least-trade-restrictive means) are used to discipline national SPS measures. It explores the transparency obligations and procedural rules that govern control, inspection, and approval processes in importing countries. A separate section is dedicated to the operation of the SPS Committee as an arena for transnational governance in the SPS field. The book also investigates the agreement's attempt to establish a framework to draw together the diverse institutions and regulatory regimes already populating the food safety arena. Two new chapters are also included: one reviewing Article 5.7 SPS in greater detail, and one dealing with the SPS rules in selected regional trade agreements (the CETA, EU-Japan EPA, USMCA, RCEP, and CPTPP).
Author: Denise Prévost Publisher: ISBN: Category : Languages : en Pages : 45
Book Description
An important, and perhaps underestimated, aspect of the Agreement on Technical Barriers to Trade (TBT Agreement) is its insistence on the transparency of WTO Members' technical regulations, standards and conformity assessment procedures (hereafter referred to as TBT measures). The TBT Committee has stressed that transparency is a 'fundamental pillar' in the implementation of the TBT Agreement and a key element of good regulatory practice. Recently, in the US - Clove Cigarettes dispute, the Appellate Body ruled for the very first time on the interpretation of the transparency provisions of the TBT Agreement. The fact that the transparency obligations of the TBT Agreement have now formed the basis of one of the claims in a WTO dispute highlights the importance of these disciplines for technical barriers to trade.This chapter aims to sketch the transparency framework for technical barriers to trade as laid down in the TBT Agreement and further fleshed out in decisions of the TBT Committee. It begins by explaining the benefits of transparency in disciplines on technical barriers to trade, in order to elucidate the gains to be achieved through full implementation of the transparency obligations. Subsequently, it sets out the detailed rules on transparency contained in the TBT Agreement, and further developed in the decisions and recommendations of the TBT Committee, noting how these rules contribute to the attainment of the identified benefits. Thereafter, more specifically, the role of the transparency obligations in facilitating the resolution of trade conflicts without resort to dispute settlement is highlighted. Finally, the implementation record and the remaining problems with full compliance with the transparency obligations in the TBT Agreement are discussed.
Author: OECD Publisher: OECD Publishing ISBN: 9264105425 Category : Languages : en Pages : 153
Book Description
This report examines pertinent issues at the interface between domestic policy objectives, technical regulations and agricultural trade. It also discusses approaches to measuring the trade impacts of food safety and other technical measures.
Author: Rohini Acharya Publisher: Cambridge University Press ISBN: 1107161649 Category : Business & Economics Languages : en Pages : 753
Book Description
This volume contains a collection of studies examining trade-related issues negotiated in regional trade agreements (RTAs) and how RTAs are related to the WTO's rules. While previous work has focused on subsets of RTAs, these studies are based on what is probably the largest dataset used to date, and highlight key issues that have been negotiated in all RTAs notified to the General Agreement on Tariffs and Trade (GATT) and the World Trade Organization (WTO). New rules within RTAs are compared to rules agreed upon by WTO members. The extent of their divergences and the potential implications for parties to RTAs, as well as for WTO members that are not parties to RTAs, are examined. This volume makes an important contribution to the current debate on the role of the WTO in regulating international trade and how WTO rules relate to new rules being developed by RTAs.
Author: Joanne Scott Publisher: Oxford University Press, USA ISBN: 9780199563869 Category : Law Languages : en Pages : 0
Book Description
Commenting on the WTO Agreement on Sanitary and Phytosanitary Measures, which allows WTO members to implement barriers to trade, for example on food or pharmaceutical products, in order to project public health, provided that the measure is based on established guidelines or backed by scientific evidence.
Author: Marianna B. Karttunen
Author: Marianna B. Karttunen
Author: Marianna B. Karttunen
Author: OECD
Author: Lukasz Gruszczynski
Author: Denise Prévost
Author: OECD
Author: 
Author: Rohini Acharya
Author: Joanne Scott
Author: Frode Veggeland