Abstract
Standards are used in all realms of human activity in order to specify the characteristics of a product, or its manufacture. In the process, they fulfil a range of functions, such as lowering risks, increasing trust and facilitating predictability in a given market. Standards reduce information costs for market players, which in turn allows for a more efficient functioning of the market. For international trade in foodstuffs, harmonisation of the wide variety of food standards is essential in order to facilitate the global food-sourcing trend. As traditional market access barriers are dismantled, non-tariff measures offer a tool for the potential protection of domestic products, thus calling for effective forms of food governance. This article explores the legal implications of international standards under the TBT Agreement in the light of the WTO Appellate Body’s case law. It further analyses the role played by international standard-setting organisations, such as the CAC and the ISO, in predicting the outcome of pending WTO disputes. Against this backdrop, this article also attempts to shed light on the current legal debate surrounding the use of private food standards within the SPS Committee.
Highlights
Standards are used in all realms of human activity in order to specify the characteristics of a product, or its manufacture
As traditional market access barriers are dismantled, nontariff measures offer a tool for the potential protection of domestic products, calling for effective forms of food governance
Based on four leading cases, the World Trade Organisation (WTO) Appellate Body conceptualised ‘relevant international standards’ as those pertinent standards designed by recognised standardisation bodies with open membership for WTO members
Summary
The TBT Agreement recognises the importance of international standards for international trade and imposes upon Members the obligation to use international standards as the foundation for regulatory practices, while leaving a margin of discretion as to the choice of measure and its use.[8]. The WTO Appellate Body first addressed the concept of ‘relevant’ international standards in EC – Sardines.[12] In that case, a European regulation controlling the labelling and marketing requirements of preserved sardines was challenged by Peru under Article 2.4 of the TBT Agreement. The membership openness requirement, which imposes a prohibition on the restriction of membership by WTO members, was not fulfilled by AIDCO, leading to the violation of Article 2.4 of the TBT Agreement Another case addressing the importance of the relevant international standard was US – Clove Cigarettes.[27] In this case, Indonesia challenged a US measure banning the production and sale of cigarettes with flavours other than tobacco or menthol. This part aims at analysing the legal mechanisms of the CAC and the ISO, addressing their rules of procedure, development and adoption of standards
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
