Journal ArticleDOI
ISO and Codex Standards and International Trade Law: What Gets Said is Not What's Heard
TLDR
In this article, the authors argue that international standards are used as a "ceiling" rather than a "floor" benchmark of protection, contrary to their original spirit, and that their nature is irreversibly distorted; they are treated as facts rather than as safety or quality devices.Abstract:
This article challenges the rhetoric of hardening, according to which international standards become binding through WTO endorsement. The analysis of the system of presumptions set up in the Technical Barriers to Trade Agreement and Sanitary and Phyto-Sanitary Agreement reveals that international standards are actually used as a ‘ceiling’ rather than a ‘floor’ benchmark of protection, contrary to their original spirit. They represent a codified and agreed yardstick for least trade-restrictive measures, a minimum compromise between the regulatory regime and the trade litigation machinery. It follows that their nature—at least within the WTO system—is irreversibly distorted; they are treated as facts rather than as safety or quality devices.read more
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Posted Content
Regulatory Protectionism and the Law of International Trade
TL;DR: In this paper, the welfare economics of regulatory protectionism and a related political economy analysis of the national and international legal systems that must confront it are presented, including the WTO, the NAFTA, the European Union, and the United States federal system.
Journal ArticleDOI
Global Governance of Front-of-Pack Nutrition Labelling: A Qualitative Analysis.
TL;DR: The study found that Codex guidance was perceived as likely to have a high impact on FoP nutrition labelling globally, and influence on Codex discussions is being exerted differentially by actors at the national and global level, particularly by government and industry actors.
Public play upon private standards: How European and international economic law enter into voluntary regimes for sustainability
TL;DR: In this paper, the authors examine the interaction between voluntary sustainability standards (VSS) and the rules and meta-rules of European and international economic law regimes and assess the extent to which European Union (EU) internal market law and World Trade Organisation (WTO) law apply, or can be interpreted to VSS, in particular with the goal to address and remedy barriers to market access and consumer confusion generated by private standards.
Book
International Standardization and the Agreement on Technical Barriers to Trade
TL;DR: Barrios-Villarreal as discussed by the authors examines the international standardization system with a specific focus on some of the bodies within this system, along with their rules and procedures, and questions the lack of definition regarding several features related to the system, notably an international standardizing body (ISB) and international standards in the Agreement on Technical Barriers to Trade (TBT).
References
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Journal ArticleDOI
International regimes, transactions, and change: embedded liberalism in the postwar economic order
TL;DR: In this paper, the authors argue that the prevailing view of international economic regimes is strictly positivistic in its epistemological orientation and stresses the distribution of material power capabilities in its explanatory logic.
The Emergence of Global Administrative Law
TL;DR: Global Administrative Law (GAL) as mentioned in this paper is an emerging field of international regulatory law that is influenced by international organizations, intergovernmental networks, distributed administration, and both hybrid public/private and private transnational regimes.
Journal ArticleDOI
Private Global Business Regulation
TL;DR: In response to global social activism, many firms have adopted voluntary regulatory standards to avoid additional regulation and/or to protect their reputations and brands as mentioned in this paper, which is a relatively new dimension of global business regulation.
Journal Article
The emergence of global administrative law
TL;DR: In this paper, the authors identify, among these assorted practices, some patterns of commonality and connection sufficiently deep and farreaching as to constitute an embryonic field of global administrative law.
Journal ArticleDOI
The Privatization of Global Environmental Governance: ISO 14000 and the Developing World
TL;DR: The ISO 14000 series of environmental management standards recently adopted by the International Organization for Standardization (ISO) is illustrative of a hybrid private-public regime, whereby both states and private authorities are heavily involved in the creation and maintenance of international principles, norms, rules, and decisionmaking procedures as mentioned in this paper.
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