Should consumers' preference for ‘green’ products help justify, from a WTO perspective, emerging regulations such as restrictions on trade in non-sustainable biofuels? Despite the role consumer preferences have played in WTO disputes, in association with the ‘like’ products concept, there has not been enough focused examination of their specific influence, particularly in disputes on ethical public policy issues, such as environmental or health regulations. To this end, this paper examines key GATT Article III disputes, pointing out that they included attempts both to measure, and also to interpret, consumer preferences. The latter approach becomes more tempting when consumer preferences are difficult to measure; import bans or restrictions associated with ethical public policy regulations can bring about such a situation. A hypothetical dispute about EC biofuels sustainability criteria demonstrates this problem. Options to make the concept of consumer preferences more coherent include limitations on how they can be invoked, and an increased commitment to capturing them through measurement.

Multilateral regulation of free zones is largely based on the International Convention on the Simplification and Harmonization of Customs Procedures as amended (Revised Kyoto Convention) and WTO disciplines. The Revised Kyoto Convention treats free zones as an area with some ‘exterritorial’ elements, while WTO law does not accord such treatment to free zones. The regulatory framework under the former is more flexible than that under the latter. As of 1 June 2010, 63 out of the 69 contracting parties to the Revised Kyoto Convention are members of the WTO, so they must live up to their commitments under both legal systems. This article provides an analysis of relevant provisions of the Revised Kyoto Convention and WTO rules and jurisprudence that can be taken into account by national authorities in the conduct of their free-zone policies.

Sanitary and phytosanitary (SPS) measures that protect human, animal, and plant health can impede trade and provoke high-profile disputes. This paper argues that the WTO's Trade Policy Review Mechanism (TPRM) could play an important role in defusing the trade-disrupting potential of SPS regulation. The most promising avenue is to review in greater detail the policy-making procedures that lead to SPS measures. How transparent and independent are countries' risk assessments of health hazards? Which provisions have countries taken to account for trade effects when selecting SPS measures? Do countries give foreign interests adequate possibility to voice their concerns over proposed SPS regulation? If reviews motivate countries to improve their policy-making processes, this will contribute to making SPS regulation less trade-restrictive and more effective in protecting health. To reach this objective, special trade policy reviews dedicated exclusively to SPS regulation might be introduced as a complement to the current reviews of countries' overall trade policies. Such a move could serve as a model for establishing further issue-specific reviews that address technical barriers to trade, trade in services, and other complex regulatory challenges.

TRIST is a simple, easy to use, country focused tool to assess the short-term adjustment implications of trade reform. It has been developed to improve the information available to policy makers in developing countries. It has the following key features: projections are based on revenues actually collected at the tariff line level rather than simply applying statutory rates, as in currently available tools; it is transparent, runs in Excel, with formulas and calculation steps visible to the user, and is open-source with users free to change, extend, or improve according to their needs; it has high policy relevance because it projects the impact of tariff reform on total fiscal revenue from imports (including VAT and excise taxes) and results are available at the product level so that sensitive products or sectors can be identified; the tool is flexible and can incorporate tariff liberalization scenarios involving any group of trading partners and any schedule of products. This paper describes the TRIST tool and provides a range of examples that demonstrate the insights that the tool can provide to policy makers on the short-term adjustment impacts of reducing tariffs.