NTBs and the WTO Agreement on Technical Barriers to Trade: The Case of PPM-Based Measures Following US – Tuna II and EC – Seal Products

Durán, Gracia Marín

doi:10.1007/978-3-662-46748-0_5

Cited by 1 publication

(2 citation statements)

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“…18 The legality of NPR-PPMs has been widely debated in literature on WTO law, but the precise contours of the result remain vague. See Durán (2015); Mavroidis (2013); Charnovitz (2002); Kysar (2004); and Howse and Regan (2000) stating at p. 251: 'It is widely thought that all process-based measures not directly related to physical characteristics of the product itself are prima facie violations of GATT.' 19 More predominant preference as to food products, see Lewis and Grebitus (2016) p. 257, and for example <https://ecommercenews.eu/uk-consumers-want-country-origin-labelsonline-products/>, accessed 15 May 2018. sometimes referred to, also prefer domestic goods more generally, 20 as confirmed by relatively recent EU polling results.…”

Section: Concern Justifying Disclosure Of Coo To Consumers?mentioning

confidence: 99%

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Collective Valuation of the Common Good Through Consumption: What Is (Un)Lawful in Mandatory Country-of-Origin Labelling of Non-Food Products?

Sankari¹

2019

Sustainable Consumption

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This chapter aims to assess whether the concept of sustainable consumption would support a reinterpretation of relevant trade law-namely EU and WTO rules-to allow robust and harmonious country-of-origin (COO) labelling. Some-but only some-consumers have a bias towards goods and services produced locally, which relatively recent opinion polling confirms. Nevertheless, 40 percent of the EU population, when polled, signals a willingness to pay more for goods 'produced under certain social and environmental standards', and roughly a fifth claim that the origin of products affects their everyday purchase decisions.A product's COO arguably works as a proxy for social and environmental standards in its production. COO is also material product information in itself, especially in light of product safety statistics. EU case law on the (discriminatory) requirements of COO indication has traditionally been interpreted as holding mandatory COO requirements to be 'obviously illegal'. To uphold national COO labelling measures, defences based on consumer protection and the fairness of commercial transactions have been rejected as 'equally applicable in form only'. This is despite the fact that a duty to disclose COO arguably already exists in EU law and the European Commission continues to pursue harmonised mandatory COO labelling rules for non-food products. Under WTO law, mandatory COO labelling-understood as information on processes and production methods (PPMs)-is a suspect category of trade barrier. Assessment of its lawfulness may fall under Article XX GATT and Article 2 of the Agreement on Technical Barriers to Trade (TBT). Hence the legality of mandatory COO labelling under both EU and WTO law remains unclear.

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Section: Concern Justifying Disclosure Of Coo To Consumers?mentioning

confidence: 99%

“…4 As no consensus or definitive AB rulings exist on the relationship between the instruments, the safest approach for PPM measures is to comply with both GATT and TBT. See Durán (2015). 5 Gormley (2009) The twelfth UN sustainable development goal (SDG 12) is called 'responsible consumption and production'.…”

Section: Introductionmentioning

confidence: 99%

Collective Valuation of the Common Good Through Consumption: What Is (Un)Lawful in Mandatory Country-of-Origin Labelling of Non-Food Products?

Sankari¹

2019

Sustainable Consumption

View full text Add to dashboard Cite

show abstract

NTBs and the WTO Agreement on Technical Barriers to Trade: The Case of PPM-Based Measures Following US – Tuna II and EC – Seal Products

Cited by 1 publication

References 29 publications

Collective Valuation of the Common Good Through Consumption: What Is (Un)Lawful in Mandatory Country-of-Origin Labelling of Non-Food Products?

Collective Valuation of the Common Good Through Consumption: What Is (Un)Lawful in Mandatory Country-of-Origin Labelling of Non-Food Products?

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