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Zusatztext A timely addition to the growing literature on public and private product standards … By offering a comprehensive assessment of both public and private standards, and covering both public and private bodies, this volume fills a clear gap in WTO literature, and will therefore be read with great interests by scholars and practitioners alike. Informationen zum Autor Ming Du is Professor of Law and Director of the Centre for Chinese Law and Policy at Durham University, UK.This is the first book of its kind to address comprehensively and exclusively the regulation of voluntary product standards in GATT/WTO law; providing a lucid interpretation of the relevant WTO rules and cases, it is an essential reference book for scholars and practitioners alike. Zusammenfassung 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. Inhaltsverzeichnis 1. Introduction 2. An Overview of Product Standards in International Trade I. The Definition of ‘Standards’ in the TBT Agreement A. Product Characteristics B. PPMs and Labelling Requirements C. Recognised Body D. The Identifiable Requirement E. The Voluntary Requirement II. Product Standards and International Trade: Economic Perspectives A. Market Failures and the Functions of Product Standards B. The Trade Effects of Product Standards III. A Taxonomy of Product Standards IV. The GATT/WTO Legal Framework of Product Standards A. The Negotiating History of Product Standards in the GATT/WTO System B. Mapping the WTO Legal Framework of Product Standards V. Conclusion 3. The Basic WTO Obligations on Product Standards I. National Treatment A. The National Treatment Obligation in GATT 1994 B. General Exceptions in GATT Article XX C. The National Treatment Obligation in the TBT Agreement II. The Most Favoured Nation Treatment A. Article I.1 of the GATT 1994 B. MFN in the TBT Agreement III. Unnecessary Obstacles to International Trade A. The Evolution of the Necessity Test under GATT Article XX B. Article 2.2 of the TBT Agreement C. Article 5.6 of the SPS Agreement IV. Transparency A. The Trigger of Transparency Obligation B. The Content of Transparency Obligation C. Transparency of Standard-Setting V. Scientific Evidence A. The Role of Science in the SPS Agreement B. The Role of Science in the TBT Agreement and GATT 1994 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 A. The Economics of Harmonisation B. International Standa...
