Book contents
- Frontmatter
- Contents
- List of figures and tables
- Preface and acknowledgements
- Table of GATT 1947 Reports
- Table of WTO Reports
- List of abbreviations
- Introduction
- I Foundations: the relevance of NPA measures at the interface of domestic regulation, economic globalization and world trade law
- II Legal analysis: reviewing the status of NPA measures de lege lata
- III Outlook: new perspectives on the legal status of NPA measures
- Summary and concluding remarks
- Bibliography
- Index
III - Outlook: new perspectives on the legal status of NPA measures
Published online by Cambridge University Press: 05 June 2011
- Frontmatter
- Contents
- List of figures and tables
- Preface and acknowledgements
- Table of GATT 1947 Reports
- Table of WTO Reports
- List of abbreviations
- Introduction
- I Foundations: the relevance of NPA measures at the interface of domestic regulation, economic globalization and world trade law
- II Legal analysis: reviewing the status of NPA measures de lege lata
- III Outlook: new perspectives on the legal status of NPA measures
- Summary and concluding remarks
- Bibliography
- Index
Summary
The legal analysis de lege lata has shown that perhaps contrary to the conventional view, the WTO Agreements offer considerable flexibility concerning NPA measures. Since states will often find it sufficient to publish information on PPMs on products or to adopt other information requirements that producers must adhere to, the TBT Agreement is of great importance. Although this has not yet been confirmed in dispute settlement, the TBT Agreement has enormous potential to render a large number of NPA measures, namely, labelling requirements concerning unincorporated PPMs, legal under WTO law. Also, even though most NPA measures would fall foul of GATT obligations, the general exceptions offer scope for finding many genuine NPA measures legal. The adjudicatory bodies will most probably proceed in interpreting the general exceptions with an evolutionary approach. Since several provisions in Article XX contain generic terms, as is most obvious in the case of the moral exception, many NPA measures that are used to implement internationally recognized public policies can be justified. Of equal importance are the findings on the principle of special and differential treatment for developing countries. This principle, if taken seriously, establishes that NPA measures take into account adequately the concerns of affected developing countries. Only if the conditions emerging from this principle are fulfilled, may NPA measures be covered by one or another of the particular exceptions.
- Type
- Chapter
- Information
- Processes and Production Methods (PPMs) in WTO LawInterfacing Trade and Social Goals, pp. 423 - 426Publisher: Cambridge University PressPrint publication year: 2011