The Regulation of Product Standards in World Trade Law

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. Studies in International Trade and Investment Law: Volume 23 Acknowledgements Contents Table of Cases 1. Introduction 2. An Overview of Product Standards in International Trade I. The Definition of 'Standards' in the TBT Agreement II. Product Standards and International Trade: Economic Perspectives III. A Taxonomy of Product Standards IV. The GATT/WTO Legal Framework of Product Standards V. Conclusion 3. The Basic WTO Obligations on Product Standards I. National Treatment II. The Most Favoured Nation Treatment III. Unnecessary Obstacles to International Trade IV. Transparency V. Scientific Evidence VI. Conclusion 4. International Regulatory Cooperation in Product Standards I. The Concept of International Regulatory Cooperation II. The Role of International Standards in the WTO III. Mutual Recognition and Equivalence IV. Regulatory Cooperation in Free Trade Agreements (FTAs) V. Conclusion 5. The Regulation of Private Standards in the WTO I. The Definitional Challenge of 'Private Standards' II. The Proliferation of Private Standards and Their Trade Implications III. Private Standards in the United States, European Union and China: A Comparative Analysis IV. The Status of Private Standards under WTO Law V. The Normative Dimension of Private Standards in the WTO VI. Conclusion 6. Case Studies I. ISO, International Standards and the TBT Agreement II. The Consistency of the EU Ecolabelling Scheme with
the TBT Agreement III. Forest Stewardship Council (FSC) Certification and the WTO Law IV. Conclusion 7. Conclusion Bibliography Index