Transparency and dispute settlements : a study of the agreements on sanitary and phytosanitary measures and technical barriers to trade

Resource Information

The work Transparency and dispute settlements : a study of the agreements on sanitary and phytosanitary measures and technical barriers to trade represents a distinct intellectual or artistic creation found in European University Institute Library. This resource is a combination of several types including: Work, Language Material, Books.

Label

Transparency and dispute settlements : a study of the agreements on sanitary and phytosanitary measures and technical barriers to trade

Title remainder

a study of the agreements on sanitary and phytosanitary measures and technical barriers to trade

Statement of responsibility

Marianna B. Karttunen

Creator

• Karttunen, Marianna B

Contributor

• European University Institute, Law Department

Subject

• Food adulteration and inspection -- Law and legislation
• Foreign trade regulation
• Non-tariff trade barriers
• Produce trade -- Law and legislation
• World Trade Organization
• Agreement on the Application of Sanitary and Phytosanitary Measures, (1995 January 1)

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

• EUI PhD theses

Cataloging source

FIE

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

Series statement

• EUI PhD theses
• EUI theses