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The Regulation of Product Standards in World Trade Law
The Regulation of Product Standards in World Trade Law
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This book examines how governmental, private, and hybrid product standards are regulated in the GATT/WTO legal framework and explores the impact of WTO disciplines on the composition, function, and decision-making process of standard-setting bodies. It provides a critical analysis of the role of the WTO in making product standards embody technological, substantive, and procedural fairness.
Format: Paperback / softback
Length: 312 pages
Publication date: 12 May 2022
Publisher: Bloomsbury Publishing PLC
This monograph serves two primary purposes. The first is to conduct a critical analysis of the regulation of governmental, private, and hybrid product standards within the framework of the GATT/WTO legal system. The second objective is to explore, both positively and normatively, the potential impact of WTO disciplines on the composition, function, and decision-making processes of various standard-setting bodies through the lens of a series of selected case studies, including:
The EU eco-labeling scheme
ISO standards
Private standards such as the FSC
The book examines the role, if any, that the WTO may play in ensuring that product standards applied in international trade encompass not only technological superiority but also substantive and procedural fairness, such as deliberation, representation, openness, transparency, due process, and accountability. While it has been widely acknowledged that voluntary product standards developed by both governmental and non-governmental bodies can in practice create trade barriers as severe as mandatory governmental regulations, a rigorous and systematic investigation into the boundaries, relevance, and impact of WTO disciplines on product standards remains lacking. This book fills this significant gap in WTO law literature by providing a clear interpretation of the relevant WTO rules and cases on product standards. Comprehensive and definitive, this is an essential reference work for scholars and practitioners alike.
Dimension: 234 x 156 (mm)
ISBN-13: 9781509945450
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