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The Resource Transparency and dispute settlements : a study of the agreements on sanitary and phytosanitary measures and technical barriers to trade, Marianna B. Karttunen

Transparency and dispute settlements : a study of the agreements on sanitary and phytosanitary measures and technical barriers to trade, Marianna B. Karttunen

Creator
Contributor
Summary
Transparency of trade regulations by all WTO Members is essential for open, fair and predictable trade relations. Because of the negative integration process followed by the WTO Agreements, a myriad of different regulations apply in all WTO Members and have the potential of affecting international trade. With the progressive lowering of tariffs since 1947, these differing regulations remain the most significant barriers to trade, and the most difficult to reduce. The Agreements on Sanitary and Phytosanitary (SPS) measures and on Technical Barriers to Trade (TBT) provide the most comprehensive frameworks to address the costs arising from such regulatory diversity, through extensive obligations on regulatory transparency and cooperation and introducing elements of positive integration. Does transparency, within the SPS and TBT Agreements prevent disputes from rising, or ensure all Members access necessary information to raise more and better disputes? Through a presentation of the legal obligations and institutional framework of the two agreements (Part I), an in-depth analysis of the issues encountered by WTO Members in the implementation of the two Agreements and raised as trade concerns in the SPS and TBT Committees (Part II), and a study of the factors leading to disputes and transparency’s role in addressing them (Part III), this thesis will demonstrate that transparency as it exists under the two agreements has the potential to both complement dispute settlement, by giving equal access to information for Members to raise disputes, and substitute dispute settlement, by fostering dialogue between Members before their frictions escalate to formal disputes. In this sense, the strength of the WTO legal and institutional system goes well beyond its dispute settlement system, with enforcement of WTO obligations fostered by better information sharing and dialogue among Members themselves, through non-judicial means
Language
eng
Work
Publication
Extent
320 pages
Note
Examining Board: Professor Petros C. Mavroidis, European University Institute (Supervisor) ; Professor Bernard M. Hoekman, Global Economics at the Robert Schuman Centre for Advanced Studies ; Professor André Sapir, Université Libre de Bruxelles-ECARES ; Professor Robert Wolfe, Queen's University
Link
http://hdl.handle.net/1814/44490
Instance
Label
Transparency and dispute settlements : a study of the agreements on sanitary and phytosanitary measures and technical barriers to trade
Title
Transparency and dispute settlements
Title remainder
a study of the agreements on sanitary and phytosanitary measures and technical barriers to trade
Statement of responsibility
Marianna B. Karttunen
Creator
Contributor
Subject
Language
eng
Summary
Transparency of trade regulations by all WTO Members is essential for open, fair and predictable trade relations. Because of the negative integration process followed by the WTO Agreements, a myriad of different regulations apply in all WTO Members and have the potential of affecting international trade. With the progressive lowering of tariffs since 1947, these differing regulations remain the most significant barriers to trade, and the most difficult to reduce. The Agreements on Sanitary and Phytosanitary (SPS) measures and on Technical Barriers to Trade (TBT) provide the most comprehensive frameworks to address the costs arising from such regulatory diversity, through extensive obligations on regulatory transparency and cooperation and introducing elements of positive integration. Does transparency, within the SPS and TBT Agreements prevent disputes from rising, or ensure all Members access necessary information to raise more and better disputes? Through a presentation of the legal obligations and institutional framework of the two agreements (Part I), an in-depth analysis of the issues encountered by WTO Members in the implementation of the two Agreements and raised as trade concerns in the SPS and TBT Committees (Part II), and a study of the factors leading to disputes and transparency’s role in addressing them (Part III), this thesis will demonstrate that transparency as it exists under the two agreements has the potential to both complement dispute settlement, by giving equal access to information for Members to raise disputes, and substitute dispute settlement, by fostering dialogue between Members before their frictions escalate to formal disputes. In this sense, the strength of the WTO legal and institutional system goes well beyond its dispute settlement system, with enforcement of WTO obligations fostered by better information sharing and dialogue among Members themselves, through non-judicial means
Member of
Cataloging source
FIE
http://library.link/vocab/creatorName
Karttunen, Marianna B
Date time place
Defence date: 12 December 2016
Dissertation note
Thesis (Ph. D.)--European University Institute (LAW), 2016
Index
no index present
Literary form
non fiction
Nature of contents
theses
http://library.link/vocab/relatedWorkOrContributorName
European University Institute
Series statement
  • EUI PhD theses
  • EUI theses
http://library.link/vocab/subjectName
  • World Trade Organization
  • Produce trade
  • Food adulteration and inspection
  • Foreign trade regulation
  • Non-tariff trade barriers
Label
Transparency and dispute settlements : a study of the agreements on sanitary and phytosanitary measures and technical barriers to trade, Marianna B. Karttunen
Link
http://hdl.handle.net/1814/44490
Instantiates
Publication
Note
Examining Board: Professor Petros C. Mavroidis, European University Institute (Supervisor) ; Professor Bernard M. Hoekman, Global Economics at the Robert Schuman Centre for Advanced Studies ; Professor André Sapir, Université Libre de Bruxelles-ECARES ; Professor Robert Wolfe, Queen's University
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Control code
FIE
Dimensions
30 cm.
Extent
320 pages
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
System control number
(OCoLC)1088461834
Label
Transparency and dispute settlements : a study of the agreements on sanitary and phytosanitary measures and technical barriers to trade, Marianna B. Karttunen
Link
http://hdl.handle.net/1814/44490
Publication
Note
Examining Board: Professor Petros C. Mavroidis, European University Institute (Supervisor) ; Professor Bernard M. Hoekman, Global Economics at the Robert Schuman Centre for Advanced Studies ; Professor André Sapir, Université Libre de Bruxelles-ECARES ; Professor Robert Wolfe, Queen's University
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Control code
FIE
Dimensions
30 cm.
Extent
320 pages
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
System control number
(OCoLC)1088461834

Subject

Member of

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