WTO [[electronic resource] ] : technical barriers and SPS measures / / edited by Rüdiger Wolfrum, Peter-Tobias Stoll, Anja Seibert-Fohr

• Record Nr.: UNINA9910453845403321
• Pubbl/distr/stampa: Leiden ; ; Boston, : Martinus Nijhoff Publsihers, 2007
• ISBN: 1-281-92575-6; 9786611925758; 90-474-2734-3
• Descrizione fisica: 1 online resource (597 p.)
• Collana: Max Planck commentaries on world trade law, , 1574-907X ; ; v. 3
• Altri autori (Persone): WolfrumRüdiger; StollPeter-Tobias; Seibert-FohrAnja
• Disciplina: 382/.92
• Soggetti: Foreign trade regulation; Tariff - Law and legislation; Non-tariff trade barriers - Law and legislation; Food adulteration and inspection - Law and legislation; Produce trade - Law and legislation; Product safety - Government policy; Electronic books.
• Lingua di pubblicazione: Inglese
• Formato: Materiale a stampa
• Livello bibliografico: Monografia
• Note generali: "Max Planck Institute for Comparative Public Law and International Law"--Cover.
• Nota di bibliografia: Includes bibliographical references and index.
• Nota di contenuto: General Agreement on Tariffs and Trade 1994 -- Agreement on Technical Barriers to Trade -- Agreement on the Application of Sanitary and Phytosanitary Measures.
• Sommario/riassunto: Technical standards are increasingly determining the development, production, trade in and marketing of goods and services. In order to ensure that technical regulations and product standards which vary from country to country do not create unnecessary obstacles to trade the Agreement on Technical Barriers to Trade was adopted during the Uruguay Round. It is paralleled by the Agreement on Sanitary and Phytosanitary Measures which sets out the basic rules on how governments can apply food safety as well as animal and plant health ; measures without, however, using them as an excuse for protecting domestic producers. Prominent decisions under the WTO Dispute Settlement have interpreted those provisions. This volume gives a detailed account of the necessary parameters for technical standards and measures seeking to protect health and environment. Included are commentaries on Articles III, XI and XX of GATT 1994 which are equally relevant in this context. The article by article commentaries draw from a considerable body of case law, the work by the TBT and SPS Committee and the relevant legal literature. Attention is given to substantive requirements as well as the necessary standard setting procedures. Apart from a thorough analysis of the relevant and most recent jurisprudence including the Biotech Panel Report the commentary seeks to give answers to newly emerging issues, such as special needs of developing countries. It is an indispensable tool for practitioners and academics working in this field of WTO law.