Transparency Obligations Under the TBT Agreement

Transparency Obligations Under the TBT Agreement
Author: Denise Prévost
Publisher:
Total Pages: 45
Release: 2016
Genre:
ISBN:

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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.

Transparency in the WTO SPS and TBT Agreements

Transparency in the WTO SPS and TBT Agreements
Author: Marianna B. Karttunen
Publisher: Cambridge University Press
Total Pages: 359
Release: 2020-04-23
Genre: Business & Economics
ISBN: 1108486452

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

Research Handbook on the WTO and Technical Barriers to Trade

Research Handbook on the WTO and Technical Barriers to Trade
Author: Tracey Epps
Publisher: Edward Elgar Publishing
Total Pages: 0
Release: 2013
Genre: Barrières non tarifaires
ISBN: 9780857936714

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Congratulations on an outstanding book on the WTO TBT Agreement! International regulations and standards reflect societies' fundamental choices. Regulating and monitoring them is complex, and the renowned co-authors of this book have well understood the multi-faceted matters at stake. In this book, world experts have seized a unique opportunity provided by the wealth of recent TBT jurisprudence to analyse the different dimensions of the TBT Agreement, a WTO agreement little discussed up to now. WTO experts as well as anyone interested in the reach of WTO law into the balance between national sovereignty and the need for international co-operation must read this book.' - Gabrielle Marceau, WTO, Legal Affairs Division, UNIGE and Graduate Institute, Geneva, Switzerland A relatively new frontier for legal and policy analysis, technical barriers to trade (TBT's) have become more common as traditional border barriers have been reduced. This comprehensive Handbook comprises original essays by eminent trade scholars exploring the implications of the WTO's TBT Agreement. The TBT Agreement imposes disciplines on the manner in which WTO member countries adopt and maintain technical measures, recognizing the importance of such measures to advance legitimate domestic policy goals such as health, safety and environmental objectives, but also the potential for technical measures to constitute barriers to trade. The contributors to this volume provide an in-depth examination of the text of the Agreement and how the WTO's dispute settlement system, the TBT Committee, WTO members, and other international organizations have engaged with and been affected by it. The book's comprehensive and accessible approach makes it a first point of reference for all trade law practitioners, policymakers and regulators. For scholars and students, the Handbook will prove essential reading for a deeper understanding of trade law. Contributors A.E. Appleton, A. Arcuri, M. Cardwell, H. Churchman, M.M. Du, T. Epps, C. Gascoigne, L. Gruszczynski, B. Hazucha, R. Howse, A. Kudryavtsev, P.C. Mavroidis, G. Mayeda, A. Mitchell, D. Prévost, F. Smith, J.P. Trachtman, M.J. Trebilcock, T. Voon, M. Wagner, E.N. Wijkström

Law and Practice of the Common Commercial Policy

Law and Practice of the Common Commercial Policy
Author: Michael Hahn
Publisher: Studies in Eu External Relatio
Total Pages: 622
Release: 2020-12-17
Genre: Law
ISBN: 9789004393400

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Présentation de l'éditeur : "Law and Practice of the Common Commercial Policy provides a critical analysis of the European Union (EU)'s trade law and policy since the Treaty of Lisbon. In particular, it analyses the salient changes brought by the Treaty of Lisbon to the Common Commercial Policy (CCP), focussing on the relevant case law of the Court of Justice of the European Union (ECJ), EU free trade agreements, investment protection, trade defence, institutional developments and the nexus between the CCP and other EU policies. The volume brings together a group of distinguished authors, including former and current members of the ECJ, practitioners, officials from EU institutions and Member States and leading scholars in the area of EU trade and external relations law."

Artificial Intelligence and International Economic Law

Artificial Intelligence and International Economic Law
Author: Shin-yi Peng
Publisher: Cambridge University Press
Total Pages: 365
Release: 2021-10-14
Genre: Law
ISBN: 1108957153

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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.

WTO

WTO
Author: Rüdiger Wolfrum
Publisher: Martinus Nijhoff Publishers
Total Pages: 598
Release: 2007
Genre: Law
ISBN: 9004145648

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

Research Handbook on the WTO and Technical Barriers to Trade

Research Handbook on the WTO and Technical Barriers to Trade
Author: Tracey Epps
Publisher: Edward Elgar Publishing
Total Pages: 615
Release: 2013-11-29
Genre: Political Science
ISBN: 0857936727

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The bookês comprehensive and accessible approach makes it a first point of reference for all trade law practitioners, policymakers and regulators. For scholars and students, the Handbook will prove essential reading for a deeper understanding of trade

Facilitating Trade through Regulatory Cooperation The Case of the WTO's TBT/SPS Agreements and Committees

Facilitating Trade through Regulatory Cooperation The Case of the WTO's TBT/SPS Agreements and Committees
Author: OECD
Publisher: OECD Publishing
Total Pages: 104
Release: 2019-07-03
Genre:
ISBN: 9264451838

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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.

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.