The Appropriate Interpretation and Application of the International Standards"" under TBT Agreement -- Analysing Its Possible Linkage with the Regulatory System of FCTC""
Date Issued
2015
Date
2015
Author(s)
Chen, Yi-Hsin
Abstract
Out of various purposes, most Countries and international organizations have required or seggusted certain products to be made under certain specifications or dimentions, or with certain amount of ingredients, or even to be made under certain circumstances that may limit the adverse effect on the producers or natural environment. For example, there are requirements for products’ specifications or dimentions in order to facilitate Countries’ customs import procedures, or requirements for maximum residue limits in agriculture products in order to protect human health. However, too much different kinds of requirements or seggustions mentioned above might cause unnecessary confusion and legal barriers to cross-border transactions of products. Thus, in order to reduce unneccesary legal obstacles to international trade, Aritcles 2.4-2.6, 4, 5.4-5.5, and Annex 3 of TBT agreement require WTO Members to use related international standards, if they exist or their completion is imminent, as a basis for their technical regulations, standards or conformity assessment procedures. Even though related articles of TBT agreement reguire Members to use related international standards as a basis for their technical regulations, standards or conformity assessment procedures, the agreement does not provide the interpretation of “international standards”. This cause many uncertainties while Members applying those harmonization articles mentioned above. To investigate that how WTO agencies or DSB determine a standard as having international nature, I study and analyse related article wordings, historical documents, decisions or suggestions made by WTO agencies’s, and DSB decisions driving from individual dispute cases. In addition, considering that WTO agencies or DSB have no professional ability to decide the standards’ contents of products, and awaring of the importance to clarify the meaning of “international standards” under TBT agreement, I attempt to provide some amendment suggestions to DSB’s current interpretation of “international standards” in order to enhance the adequacy of the interpretation. At last, whereas FCTC has caused serious legal problems in the field of international trade law and investment law, and have been frequently discussed, I attempt to analyse the possibility of demonstrating certain regulations or guidance of FCTC and its protocols and guidelines as the “international standards” under TBT agreement, and the possible effects thereof. Under the last chapter, I also take Australia – Tobacco Plain Packaging dispute as a model case simulating the application of harmonization articles under TBT agreement.
Subjects
TBT agreement
international standards
harmonization
trade facilitation
multiple values
dispute settlement
SDGs
Type
thesis
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