Transparency Provisions of the TBT Agreement PDF Download

Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 102

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Author: Denise Prévost
Publisher:
ISBN:
Category :
Languages : en
Pages : 45

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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: Marianna B. Karttunen
Publisher: Cambridge University Press
ISBN: 1108486452
Category : Business & Economics
Languages : en
Pages : 359

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Presents transparency as a key tool for managing trade disputes on regulatory barriers between WTO Members.

Author: OECD
Publisher: OECD Publishing
ISBN: 9264451838
Category :
Languages : en
Pages : 104

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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: Andrea Barrios Villarreal
Publisher: Cambridge University Press
ISBN: 1108474365
Category : Law
Languages : en
Pages : 329

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This work examines the international standardization system generally, with a specific focus on some of the bodies within this system. It also questions the lack of definition regarding several features related to the system, notably an international standardizing body and international standards in the Agreement on Technical Barriers to Trade.

Author: Shin-yi Peng
Publisher: Cambridge University Press
ISBN: 1108957153
Category : Law
Languages : en
Pages : 365

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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: Rüdiger Wolfrum
Publisher: Martinus Nijhoff Publishers
ISBN: 9004145648
Category : Law
Languages : en
Pages : 598

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This volume gives a detailed account of the parameters for technical standards and measures seeking to protect health and environment

Author: Ming Du
Publisher: Bloomsbury Publishing
ISBN: 1509931147
Category : Law
Languages : en
Pages : 256

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Book Description
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: Jean-Pierre Chauffour
Publisher: World Bank Publications
ISBN: 0821386433
Category : Business & Economics
Languages : en
Pages : 537

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The Handbook offers an introduction to the key elements of Preferential Trade Agreements (PTAs), addressing the practical economic and legal aspects of the regulatory policies in PTAs.

Author: Nadia Rocha
Publisher: World Bank Publications
ISBN: 1464818428
Category : Business & Economics
Languages : en
Pages : 342

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Book Description
Globally, greater integration in international trade and global value chains (GVCs) has been linked to increased GDP per capita and productivity. Latin American and Caribbean (LAC) countries have displayed limited trade openness and weak integration into GVCs. Their trade is roughly one-third of GDP on average, compared with one-half in countries in Europe and Central Asia, as well as East Asia and the Pacific—and that share has not grown since 2000. Although the gaps between potential and actual GVC integration are the result of economic fundamentals—such as geography, market size, institutions, and factor endowments—policy choices matter as well. The region has untapped potential in trade and GVCs to grow in the wake of COVID-19 (coronavirus). Deep trade agreements are reciprocal agreements between countries that seek integration of goods, services, and factors’ markets, or deep integration. Drawing on new data and evidence, Deep Trade Agreements: Anchoring Global Value Chains in Latin America and the Caribbean shows that these agreements can drive policy reforms that can help the region overcome some of its disadvantageous fundamentals. Four areas of deep integration—trade facilitation, regulatory cooperation, services, and state support—are priorities to improve the participation of countries in the region in GVC: 1. Facilitating trade can reduce border delays and ease the challenges caused by the remoteness of some countries. 2. Improving regulatory cooperation can help create larger regional markets by reducing the costs of nontariff measures. 3. Opening the service economy can compensate for factor endowment scarcity and facilitate access to skills and technology. 4. Fostering competition and regulating state support and state-owned enterprises can improve the quality of economic institutions. These areas are increasingly important as global trade tensions persist and economies recover from the COVID-19 pandemic. In these times of uncertainty and upheaval, the policy commitments in deep trade agreements can create a more stable institutional environment to promote the ability of countries to participate in GVCs and to reap the benefits of integration. This work is a product of the regional studies program sponsored by the Latin America and the Caribbean Chief Economist’s Office.