Transparency in the WTO SPS and TBT Agreements
The Real Jewel in the Crown
Series: Cambridge International Trade and Economic Law;
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Product details:
- Publisher Cambridge University Press
- Date of Publication 11 August 2022
- ISBN 9781108732376
- Binding Paperback
- No. of pages360 pages
- Size 228x152x19 mm
- Weight 530 g
- Language English
- Illustrations 31 b/w illus. 11 tables 278
Categories
Short description:
Presents transparency as a key tool for managing trade disputes on regulatory barriers between WTO Members.
MoreLong description:
Transparency of trade regulations by all WTO Members is essential for open, fair and predictable trade relations. A myriad of different regulations apply in all WTO Members and have the potential for affecting international trade. The Agreements on the Application of Sanitary and Phytosanitary measures and on Technical Barriers to Trade provide the most comprehensive frameworks in the WTO to address the costs arising from such regulatory diversity, through obligations on regulatory transparency and co-operation. This book gives a detailed account of the legal disciplines of the two Agreements, an in-depth presentation of discussions between WTO Members, and an overview of the few cases that end up in formal dispute settlement. It shows that the strength of the WTO legal and institutional system goes well beyond its dispute settlement system, with transparency enabling implementation of WTO obligations through better information sharing and co-operation among Members themselves, through non-judicial means.
'The WTO has now more than 160 members, and their economic, legal and political systems vary hugely. This brilliant study shows how transparency is helping ensure that WTO rules are implemented and respected by the membership.' Andre Sapir, Universit&&&233; libre de Bruxelles, former principal economic adviser to the president of the European Commission
Table of Contents:
Introduction; Part I. Why The SPS and TBT Agreements? A Legal Discipline Favouring Regulatory Quality: 1. Legal discipline on domestic regulations in SPS and TBT agreements: finding a balance between regulatory autonomy and free trade; 2. Transparency as a core discipline under the SPS and TBT agreements; 3. Regulatory co-operation under the SPS and TBT agreements; Part II. Regulatory Co-operation under the SPS and TBT Agreements: 4. The steps in the pyramid from domestic measures to disputes; 5. The content of the pyramid: what do members need to know to prevent disputes from rising?; Part III. Transparency as a Complement for Dispute Settlement: Information and Dialogue To Favour a Mutually Acceptable Solution: 6. Transparency and disputes: where is the difference?; 7. The challenge of climbing the 'pyramid' leading up to disputes; 8. The 'transparency staircase' to climb the dispute settlement pyramid; 9. Is the current interaction between transparency and dispute settlement optimal?; Conclusion.
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General Utilities Investors Corporation V. Public Service Corporation of New Jersey U.S. Supreme Court Transcript of Record with Supporting Pleadings
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