Harmonisation Equivalence And Mutual Recognition Of Standards
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Harmonisation Equivalence And Mutual Recognition Of Standards
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Author : Humberto Angel Zùñiga Schroder
language : en
Publisher:
Release Date : 2009
Harmonisation Equivalence And Mutual Recognition Of Standards written by Humberto Angel Zùñiga Schroder and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with categories.
Standards are necessary for an efficient functioning of the market and their regulation is an increasingly important area of law. Such is their importance that today it is possible to find thousands of standards developed by international standardising bodies, governmental agencies and even private companies in products that range from SIM cards and medical devices, to the pasteurisation of milk and computer protocols. Reasons that justify their widespread use are not difficult to ascertain: they play, for example, an important role in the achievement of economies of scale in manufacturing and in the attainment of compatibility of products and processes. However, together with these positive effects, standards can also have discriminatory consequences for trading partners, especially in cases in which they are badly designed and applied (for example, when they are introduced with the real purpose of creating an artificial comparative advantage for domestic producers). Given the existence of these ambivalent effects, three different policy tools have been developed within the World Trade Organisation (WTO) legal regime, aimed at maximising the benefits derived from the use of standards: harmonisation, equivalence and mutual recognition. The present thesis investigates the way in which both the WTO Technical Barriers to Trade (TBT) and Sanitary and Phytosanitary Measures (SPS) Agreements regulate these three instruments, and also, the potential shortcomings of the system from a trade law perspective. For that purpose, it studies relevant legal provisions of both Agreements, WTO jurisprudence and guidelines issued by international standardising bodies, among other topics.
Harmonization Equivalence And Mutual Recognition Of Standards In Wto Law
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Author : Humberto Zúñiga Schroder
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2011-07-01
Harmonization Equivalence And Mutual Recognition Of Standards In Wto Law written by Humberto Zúñiga Schroder and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-07-01 with Law categories.
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.
Equivalence And Mutual Recognition In Trade Arrangements
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Author : Frode Veggeland
language : en
Publisher:
Release Date : 2004
Equivalence And Mutual Recognition In Trade Arrangements written by Frode Veggeland and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with categories.
Harmonisation Of Technical Standards In The Ec
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Author : Sebastian Farr
language : en
Publisher: Wiley
Release Date : 1993-02-23
Harmonisation Of Technical Standards In The Ec written by Sebastian Farr and has been published by Wiley this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993-02-23 with Law categories.
Assesses the problem of technical standards as trade barriers in the context of a single European market. Considers questions of criteria, testing, certification and the mutual recognition issue under the EC treaty. Examines the EC's new approach to harmonization regarding legislation in such fields as toy and machinery safety, telecommunications, electromagnetic compatibility, gas appliances, construction products, medical devices and weighing instruments.
The Regulation Of Product Standards In World Trade Law
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Author : Ming Du
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-11-12
The Regulation Of Product Standards In World Trade Law written by Ming Du and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-12 with Law categories.
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.
Regional Trade Agreements And The Multilateral Trading System
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Author : Rohini Acharya
language : en
Publisher: Cambridge University Press
Release Date : 2016-09-22
Regional Trade Agreements And The Multilateral Trading System written by Rohini Acharya and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-22 with Business & Economics categories.
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.
Transparency In The Wto Sps And Tbt Agreements
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Author : Marianna B. Karttunen
language : en
Publisher: Cambridge University Press
Release Date : 2020-04-23
Transparency In The Wto Sps And Tbt Agreements written by Marianna B. Karttunen and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-23 with Business & Economics categories.
Presents transparency as a key tool for managing trade disputes on regulatory barriers between WTO Members.
The Nature Of Mutual Recognition In European Law
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Author : Wouter van Ballegooij
language : en
Publisher:
Release Date : 2015-07-01
The Nature Of Mutual Recognition In European Law written by Wouter van Ballegooij and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-01 with categories.
There is substantial disagreement in academic literature over how to address the tensions between the application of mutual recognition and the safeguarding of individual rights, particularly in the EU's criminal justice arena. This book investigates those tensions by re-examining the nature of mutual recognition in European law from an individual rights perspective. A key question is the role played by mutual recognition in the process of reconciling free movement and other interests. The book contains a comparative analysis of mutual recognition in the internal market and the 'area of freedom, security, and justice.' It assesses mutual recognition in the context of the aims of both areas, as well as the principles of European law and norms laid down in primary/secondary EU law. The analysis follows mutual recognition in the fields of product requirements, professional qualifications, and judicial decisions in criminal matters. The book concludes that the core function of mutual recognition has been obscured by assertions made by EU policy makers regarding its consequences, which fail to distinguish between policy objectives, integration methods, and legal obligations. This has also led to a debate among academics and an interpretation of mutual recognition by the Court of Justice which presents an unnecessary conflict between the application of mutual recognition and the safeguarding of individual rights. It is argued that, for mutual recognition to have a stable future in the EU criminal justice area, clarity regarding its aims is urgently required and individual rights need to be enhanced, both in judicial cooperation measures and through harmonization of suspects' rights in criminal proceedings. (Series: Ius Commune Europaeum - Vol. 138) [Subject: European Law, Human Rights Law, Criminal Justice]
The Sustainability Revolution In International Trade Agreements
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Author :
language : en
Publisher: Oxford University Press
Release Date : 2024-08-01
The Sustainability Revolution In International Trade Agreements written by and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-08-01 with Law categories.
Once seen as aspirational and relatively innocuous, 'sustainability' or 'sustainable development' provisions are now changing the face of international trade agreements. The Sustainability Revolution in International Trade Agreements gathers fundamental, first-hand analyses of these novel commitments across dozens of agreements, considering their legal, political, and economic aspects. Drawing on perspectives from different parts of the world and engaging experts in the law and practice of sustainability provisions, this volume offers a comprehensive assessment of the latest developments and innovations in international trade agreements. It also evaluates the development challenges that sustainability requirements pose for countries with limited resources and capacity, for whom lower labour and environmental regulatory costs have been a competitive asset. The present volume explores the intersectional aspects of sustainability - such as gender equality, biodiversity, animal welfare, and Indigenous rights - in addition to the more traditional dimensions of sustainability, namely economic development, environmental conservation, and improvement of labour standards. There is little doubt that a sustainability revolution in global production patterns is needed. Considering the details of its operation - how it can come into being, who will bear the increased production costs, and how decisions on difficult trade-offs will be made - reveals the immense challenges involved in developing a new international law for sustainable trade. Read together, the chapters in this volume outline the contours this emerging legal framework, examine its practical operation, and offer important reflections upon the real extent and the foreseeable consequences of this sustainability revolution in international trade agreements.
The Principles Of Mutual Recognition In The European Integration Process
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Author : F. Schioppa
language : en
Publisher: Springer
Release Date : 2005-05-31
The Principles Of Mutual Recognition In The European Integration Process written by F. Schioppa and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-05-31 with Business & Economics categories.
Mutual Recognition (MR) implies that each Member State is free to use the standards for production it prefers but cannot inhibit the import from other Member States lawfully using other standards, unless justified by emergency reasons. The home country rule then prevails on the host country. Barriers to entry diminish, competition rises in the internal market. This volume looks at a number of aspects of MR, including why its importance cannot be understood outside the general practice of free movement and how some elements of MR already emerge in the skilled labour market of professionals.