Handbook on Product Standards and International Trade

Handbook on Product Standards and International Trade
Author: James J. Nedumpara
Publisher: Kluwer Law International B.V.
Total Pages: 315
Release: 2021-11-05
Genre: Law
ISBN: 9403534141

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Global Trade Law Series, Volume 55 India, one of the world’s foremost trading nations, exhibits a particularly complex regulatory landscape with a variety of standard-setting bodies, regulators, accreditation and certification bodies, inspection agencies, as well as several state-level regulators. This is the first book to extensively describe the nature of standard-setting processes in India and the key agencies involved with this task, greatly clarifying the scope of market opportunities in the country. Lucid contributions from experienced practitioners and regulators with first-hand experience in formulating and advising on standards-related issues in international trade help disentangle the web of laws, regulations, operations, and functions of India’s standard setters in governmental, non-governmental, and industry contexts. The chapters describe how standards apply to such crucial trade aspects as the following: conformity assessment practice and procedure; environmental, ethical, social, and safety issues; import bans and import licensing; certification and labelling measures; mutual recognition agreements; food safety; and standardisation of the digital economy. The book is drafted throughout in an easy-to-read style, with numerous tables, flowcharts, and figures illustrating step-by-step compliance procedures. Informative annexes guide the reader to relevant agencies and identify their roles and responsibilities. This book provides a clear and concise guide to the operations, functions, and compliance and documentation requirements of India’s standard-setting and regulatory bodies across all sectors and products, and thus will serve as an unmatched guide for manufacturers, traders, and exporters operating in the Indian market or seeking to export to India. It will also serve as a useful Handbook to policymakers, academics, and researchers interested in understanding the role of standard-setting bodies in the field of international trade.

International Agreements on Product Standards

International Agreements on Product Standards
Author: Pierpaolo Battigalli
Publisher:
Total Pages: 0
Release: 2011
Genre:
ISBN:

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We propose a theory of international agreements on product standards. The key feature of the model is that agreements are viewed as incomplete contracts. In particular, these do not specify standards for products that may arise in the future. One potential remedy to contractual incompleteness is a dispute settlement procedure (DSP) that provides arbitration in states of the world that are not covered by the ex ante agreement. We identify conditions under which a DSP can provide ex-ante efficiency gains, and examine how these gains depend on the fundamentals of the problem. Another potential remedy to contractual incompleteness is given by rigid rules, i.e. rules that are not product-specific. We argue that the nondiscrimination rule is the only rule of this kind that increases ex ante efficiency for any probability distribution over potential products. Finally we show that, under relatively weak conditions, the optimal ex-ante agreement is structured in three parts: (i) a set of clauses that specify standards for existing products; (ii) a rigid nondiscrimination rule, and (iii) a dispute settlement procedure. Although the model focuses on the case of product standards, the analysis suggests a more general incomplete-contracting theory of trade agreements.

Product Standards for Internationally Integrated Goods Markets

Product Standards for Internationally Integrated Goods Markets
Author: Alan O. Sykes
Publisher: Brookings Institution Press
Total Pages: 276
Release: 1995-02-01
Genre: Business & Economics
ISBN: 9780815791744

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Product standards, regulations, and conformity assessment procedures are important and necessary, but they also, at times, threaten the free flow of goods in international markets and the competitive positions of many exporters, including those in the United States. The barriers to trade that may result form product standards and regulations may be inadvertent or deliberate. The problem cuts across a wide array of industries, from motor vehicles to computers to televisions to food and beverages. This book, part of the Brookings Integrating National Economies series, is the first to blend careful economic and legal analysis of technical barriers. Alan O. Sykes illustrates how standards and regulations create trade barriers, explores the extent of the problem, and considers the possible policy responses. The effects of technical barriers are hard to measure. They are often hidden in the costs of modifying a product to meet a standard or regulation, in the costs of testing and certification procedures, and in the ways that noncompliance with a standard may affect consumer purchasing decisions. Sykes identifies why heterogeneity in standards and regulations may arise across jurisdictions and assesses the desirability of eliminating it in various settings. Sykes also presents an extensive and insightful overview of current international efforts to police technical barriers in the WTO/GATT system, in the European Union, in the U.S. federal system, and NAFTA. He shows how least-restrictive means principles and their corollaries can do much to reduce technical barriers, while stopping short of impinging on the legitimate exercise of national sovereignty. Efforts to harmonize internatioal policies and set common standards and regulations have been under way for decades. Sykes evaluates the harmonization activities of institutions such as the International Organization for Standardization, the Codex Alimentarius, and the European Commission. Th

The Regulation of Product Standards in World Trade Law

The Regulation of Product Standards in World Trade Law
Author: Ming Du
Publisher: Bloomsbury Publishing
Total Pages: 348
Release: 2020-11-12
Genre: Law
ISBN: 1509931155

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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.

International Agreements on Product Standard

International Agreements on Product Standard
Author: Giovanni Maggi
Publisher:
Total Pages:
Release: 2003
Genre:
ISBN:

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We propose a theory of international agreements on product standards. The key feature of the model is that agreements are viewed as incomplete contracts. In particular, these do not specify standards for products that may arise in the future. One potential remedy to contractual incompleteness is a dispute settlement procedure (DSP) that provides arbitration in states of the world that are not covered by the ex ante agreement. We identify conditions under which a DSP can provide ex-ante efficiency gains, and examine how these gains depend on the fundamentals of the problem. Another potential remedy to contractual incompleteness is given by rigid rules, i.e. rules that are not product-specific. We argue that the nondiscrimination rule is the only rule of this kind that increases ex ante efficiency for any probability distribution over potential products. Finally we show that, under relatively weak conditions, the optimal ex-ante agreement is structured in three parts: (i) a set of clauses that specify standards for existing products; (ii) a rigid nondiscrimination rule, and (iii) a dispute settlement procedure. Although the model focuses on the case of product standards, the analysis suggests a more general incomplete-contracting theory of trade agreements

Standards, Conformity Assessment, and Trade

Standards, Conformity Assessment, and Trade
Author: International Standards, Conformity Assessment, and U.S. Trade Policy Project Committee
Publisher: National Academies Press
Total Pages: 253
Release: 1995-03-29
Genre: Business & Economics
ISBN: 0309587883

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Mandated standards used for vehicle airbags, International Organization for Standards (ISO) standards adopted for photographic film, de facto standards for computer software--however they arise, standards play a fundamental role in the global marketplace. Standards, Conformity Assessment, and Trade provides a comprehensive, up-to-date analysis of the link between standards, product testing and certification, and U.S. economic performance. The book includes recommendations for streamlining standards development, increasing the efficiency of product testing and certification, and promoting the success of U.S. exports in world markets. The volume offers a critical examination of organizations involved in standards and identifies the urgent improvements needed in the U.S. system for conformity assessment, in which adherence to standards is assessed and certified. Among other key issues, the book explores the role of government regulation, laboratory accreditation, and the overlapping of multiple quality standards in product development and manufacturing. In one of the first treatments of this subject, Standards, Conformity Assessment, and Trade offers a unique and highly valuable analysis of the impact of standards and conformity assessment on global trade.

Intellectual Property and International Trade: The TRIPS Agreement

Intellectual Property and International Trade: The TRIPS Agreement
Author: Carlos M. Correa
Publisher: Kluwer Law International B.V.
Total Pages: 586
Release: 2016-06-27
Genre: Law
ISBN: 9041166580

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The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is the most far-reaching and comprehensive legal regime ever concluded at the multilateral level in the area of intellectual property rights (IPR). Compared to prior IPR conventions, TRIPS constitutes a major qualitative leap which radically modifies not only the context in which IPR are considered internationally, but also their substantive content and the methods for their enforcement and dispute settlement. This much-welcomed treatise, now in its third edition, thoroughly updates its comprehensive analysis of the substantive provisions of the Agreement and their actual interpretation and application in different jurisdictions, with new material on the burgeoning case law and on major changes in plant variety protection. As in previous editions, the book may be relied upon for in-depth clarification of such matters as the following: • standards established under the agreement; • enforcement measures; • social and legal issues; • legal and policy possibilities offered; • legislative latitude allowed to WTO Member States; • incorporation of TRIPS into domestic law; • protection of integrated circuit design; • protection of innovation and R&D for diseases that disproportionately affect developing countries; • challenges raised by ongoing technological changes; • access to medicines; • protection of confidential (undisclosed) information; and • interface between competition law and intellectual property protection. With fifteen chapters contributed by a distinguished panel of experts representing diverse parties — international organisations, legal practice, government policy, and academia — the third edition offers an incomparable framework for understanding the background, principles, and complex provisions of the TRIPS Agreement. Thoroughly revised and updated, the third edition will be of great value to all professionals and business people concerned with international trade. It stimulates further discussion and analysis in this area of growing importance to international law and international economic relations, particularly regarding the possibilities offered by the Agreement and the loose ends that may need consideration in the future at the national or international level.

The Law, Economics and Politics of International Standardisation

The Law, Economics and Politics of International Standardisation
Author: Panagiotis Delimatsis
Publisher: Cambridge University Press
Total Pages: 519
Release: 2015-12-11
Genre: Business & Economics
ISBN: 1107128331

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This book examines the foundations of international standard-setting from a multidisciplinary perspective.