Skip to main content Accessibility help
×
Hostname: page-component-77c89778f8-gvh9x Total loading time: 0 Render date: 2024-07-17T09:08:48.704Z Has data issue: false hasContentIssue false

1 - The Legal Principles Applying to Domestic Regulations under the SPS and TBT Agreements

Finding a Balance between Regulatory Autonomy and Free Trade

from Part I - Why the SPS and TBT Agreements?

Published online by Cambridge University Press:  28 April 2020

Marianna B. Karttunen
Affiliation:
OECD, Paris
Get access

Summary

This chapter presents the core disciplines under the SPS and TBT Agreements, highlighting how they set requirements for regulators to balance their own public policy objectives with the WTO objectives of trade liberalisation. Such ‘balancing’ requirements result in obligations for regulators to ‘rationalise’ their domestic regulations in order to ensure their quality. This balancing is inherent to all measures under the scope of the SPS and TBT Agreements and stands out in the obligations not to discriminate and to adopt only measures that are necessary and/or based on scientific evidence. Ultimately, the purpose of this chapter is to highlight that transparency and related regulatory dialogue is fundamental to help both regulating Members and complaining parties in determining the consistency of domestic regulation with WTO SPS and TBT Agreements.

Type
Chapter
Information
Transparency in the WTO SPS and TBT Agreements
The Real Jewel in the Crown
, pp. 23 - 45
Publisher: Cambridge University Press
Print publication year: 2020

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 coreplatform@cambridge.org 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
×