Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-2brh9 Total loading time: 0 Render date: 2024-11-25T05:04:49.995Z Has data issue: false hasContentIssue false

6 - Transposing Technical Barriers to Trade Agreement Meta-rules to Voluntary Sustainability Standards

Published online by Cambridge University Press:  12 May 2022

Enrico Partiti
Affiliation:
Tilburg University, The Netherlands
Get access

Summary

Chapter 6 studies the substantive meta-rules of the TBT Code of Good Practice. As the Appellate Body never provided interpretive guidance over these provisions, how to apply them to standards and VSS remains unclear. Chapter 6 analyses crucial TBT principles providing that standards do not discriminate, do not create unnecessary barriers to trade and are based on relevant international standards. The interpretation of similar TBT provisions concerning technical regulations is used as guidance in understanding the transposition of these obligations and in suggesting how these legal tests are applicable to VSS. The chapter acknowledges the peculiar nature of standards identifying products with distinct quality features such as VSS. It identifies relevant differences from technical standards that must be taken into account for interpretive purposes. These include the objectives pursued by a scheme that can be accepted as legitimate, the implications of the treatment-no-less-favourable standard on measures that structurally distort competitive opportunities and whether the detrimental impact generated stems exclusively from a legitimate regulatory distinction.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×