The Law and Policy of the World Trade Organization

Name: The Law and Policy of the World Trade Organization
Price: 8360 ISK
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Author: Peter Van den Bossche; Werner Zdouc
ISBN: 9781108801713

Höfundar: Peter Van den Bossche; Werner Zdouc (Útgáfa: 5)

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Since the publication of its first edition, this textbook has been the prime choice of teachers and students alike, due to its clear and detailed explanation of the basic principles of the multilateral trading system and the law of the World Trade Organization (WTO). The fifth edition continues to explore the institutional and substantive law of the WTO. It has been updated to incorporate all new developments in the WTO's ever-growing body of case law.

Moreover, each chapter includes a 'Further Readings' section to encourage and facilitate research and discussion on the topics addressed. As in previous editions, each chapter also features a summary to reinforce learning. Questions, assignments, and exercises on WTO law and policy are contained in an online supplement, updated regularly. This textbook is an essential tool for all WTO law students and will also serve as a practitioner's introductory guide to the WTO.

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Útgefandi: Cambridge University Press

ISBN: 9781108801713

Print ISBN: 9781108478205

Format: ePub

Útgáfa: 5

Höfundar: Peter Van den Bossche; Werner Zdouc

Tungumál: English

Útgefið: 2021-11-18

Prent takmörkun á líftíma: 10

Prent takmörkun: 2

Afritunar takmörkun: 2

Flokkar: Lögfræði

Efnisflokkar: Lögfræði › Alþjóðaviðskipti

Kaflar

Cover
Half title
Title page
Imprints page
Contents
Figures
Preface
Table of WTO Cases
Table of Gatt Cases
Abbreviations
1 International Trade and the Law of the WTO
1 Introduction
2 Economic Globalisation, International Trade, and Sustainable Development
2.1 Emergence of the Global Economy
2.1.1 The Concept of ‘Economic Globalisation’
2.1.2 Forces Driving Economic Globalisation
2.1.3 Economic Globalisation Today
2.1.4 Facts and Figures on International Trade
2.1.5 Changing Nature of International Trade in the Global Economy
2.2 A Blessing or a Curse?
2.3 Free Trade versus Restricted Trade
2.3.1 Arguments for Free Trade
2.3.2 Arguments for Restrictions on Trade
2.4 International Trade to the Benefit of All?
3 The Law of the WTO
3.1 Need for International Rules on Trade
3.2 International Economic Law, International Trade Law, and WTO Law
3.3 Basic Rules of WTO Law
3.3.1 Rules of Non-Discrimination
3.3.2 Rules on Market Access
3.3.3 Rules on Unfair Trade
3.3.4 Rules on the Balance Between Trade Liberalisation and Other Societal Values and Interests
3.3.5 Institutional and Procedural Rules
4 Sources of WTO Law
4.1 The Marrakesh Agreement Establishing the World Trade Organization
4.1.1 General Agreement on Tariffs and Trade 1994
4.1.2 Other Multilateral Agreements on Trade in Goods
4.1.3 General Agreement on Trade in Services
4.1.4 Agreement on Trade-Related Aspects of Intellectual Property Rights
4.1.5 Understanding on Rules and Procedures for the Settlement of Disputes
4.1.6 Trade Policy Review Mechanism
4.1.7 Plurilateral Agreements
4.1.8 Protocols of Accession
4.1.9 Ministerial Decisions and Declarations
4.2 Other Sources of WTO Law
4.2.1 Dispute Settlement Reports
4.2.2 Acts of WTO Bodies
4.2.3 Agreements Concluded in the Framework of the WTO
4.2.4 Customary International Law
4.2.5 General Principles of Law
4.2.6 Other International Agreements
4.2.7 Subsequent Practice of WTO Members
4.2.8 Negotiating History of WTO
4.2.9 Teachings of Publicists
5 WTO Law in Context
5.1 WTO Law and International Law
5.1.1 WTO Law as an Integral Part of International Law
5.1.2 Conflicts Between WTO Agreements and Other Agreements
5.2 WTO Law and National Law
5.2.1 National Law in WTO Law
5.2.2 WTO Law in National Law
6 Summary
Further Reading
2 The World Trade Organization
1 Introduction
2 The Origins of the WTO
2.1 The General Agreement on Tariffs and Trade of 1947
2.1.1 The GATT 1947 and the International Trade Organization
2.1.2 The GATT as a de facto International Organisation for Trade
2.2 Uruguay Round of Multilateral Trade Negotiations
3 Mandate of the WTO
3.1 Objectives of the WTO
3.2 Functions of the WTO
3.2.1 Facilitation of the Implementation of the WTO Agreements
3.2.2 Negotiations on New Trade Rules
3.2.3 Dispute Settlement
3.2.4 Trade Policy Review
3.2.5 Cooperation with Other Organisations
3.2.6 Technical Assistance to Developing Countries
4 Membership and Institutional Structure
4.1 Membership of the WTO
4.1.1 Current Membership
4.1.2 Accession
4.1.3 Special and Differential Treatment
4.1.4 Waivers and Opt-Outs
4.1.5 Withdrawal, Suspension, and Expulsion
4.2 Institutional Structure of the WTO
4.2.1 Ministerial Conference
4.2.2 General Council, DSB, and TPRB
4.2.3 Specialised Councils, Committees, Working Groups, and Working Parties
4.2.4 Trade Negotiations Committee
4.2.5 Political Bodies Lacking in the Formal Institutional Structure
4.2.6 Judicial, Quasi-Judicial, and Other Non-Political Bodies
4.2.7 WTO Secretariat
5 Decision-Making in the WTO
5.1 WTO Decision-Making in Theory
5.1.1 Standard Procedure
5.1.2 Special Procedures
5.2 WTO Decision-Making in Practice
5.3 Participation in WTO Decision-Making
6 Other Issues
6.1 Legal Status of the WTO
6.2 WTO Budget
7 Summary
Further Reading
3 WTO Dispute Settlement
1 Introduction
2 Jurisdiction of the WTO Dispute Settlement System
2.1 Nature of the Jurisdiction
2.1.1 Compulsory Jurisdiction
2.1.2 Exclusive Jurisdiction
2.1.3 Contentious Jurisdiction
2.2 Scope of the Jurisdiction
2.2.1 Disputes Subject to WTO Dispute Settlement
2.2.2 Measures Subject to WTO Dispute Settlement
3 Access to the WTO Dispute Settlement System
3.1 Right of Recourse to WTO Dispute Settlement
3.2 Access of Members Other than the Parties
3.3 Indirect Access to the WTO Dispute Settlement System
4 Key Features of WTO Dispute Settlement
4.1 Single, Comprehensive, and Integrated System
4.2 Different Methods of Dispute Settlement
4.3 Multilateral Dispute Settlement
4.4 Preference for Mutually Acceptable Solutions
4.5 Mandate to Clarify WTO Provisions
4.5.1 Scope and Nature of the Mandate to Clarify
4.5.2 Article 31 of the Vienna Convention on the Law of Treaties
4.5.3 Article 32 of the Vienna Convention on the Law of Treaties
4.6 Remedies for Breach
4.6.1 Withdrawal of the WTO-Inconsistent Measure
4.6.2 Compensation
4.6.3 Retaliation
4.6.4 Other Remedies
5 Institutions of WTO Dispute Settlement
5.1 Dispute Settlement Body
5.2 Panels
5.2.1 Establishment of Panels
5.2.2 Composition of Panels
5.2.3 Mandate of Panels
5.2.4 Required Content of Panel Reports
5.3 The Appellate Body
5.3.1 Membership and Structure of the Appellate Body
5.3.2 Scope of Appellate Review
5.3.3 Mandate of the Appellate Body
5.4 Other Entities Involved in WTO Dispute Settlement
6 Process of WTO Dispute Settlement
6.1 General Observations on the WTO Dispute Settlement Process
6.1.1 Time Frame
6.1.2 Confidentiality and Transparency
6.1.3 Burden of Proof
6.1.4 Role of Private Legal Counsel
6.1.5 Amicus Curiae Briefs
6.1.6 Good Faith and Due Process
6.2 Consultations
6.2.1 Initiation of Consultations
6.2.2 Conduct of Consultations
6.2.3 Outcome of Consultations
6.3 Panel Proceedings
6.3.1 Initiation of Panel Proceedings
6.3.2 Written Submissions and Panel Meetings
6.3.3 Panel Deliberations and Interim Review
6.3.4 Adoption or Appeal of Panel Reports
6.4 Appellate Body Proceedings
6.4.1 Initiation of Appellate Review Proceedings
6.4.2 Written Submissions and the Oral Hearing
6.4.3 Exchange of Views and Deliberations
6.4.4 Adoption of Appellate Body Reports
6.5 Implementation and Enforcement
6.5.1 Arbitration on the ‘Reasonable Period of Time for Implementation’
6.5.2 Surveillance of Implementation by the DSB
6.5.3 Disagreement on Implementation
6.5.4 Compensation or Retaliation
7 Developing-Country Members and WTO Dispute Settlement
7.1 Special Rules for Developing-Country Members
7.2 Legal Assistance for Developing-Country Members
8 Success, Challenges, and Decline of the WTO Dispute Settlement System
8.1 Early Reform Discussions and a Looming Crisis
8.2 From a Looming to an Acute Crisis
8.3 Attempts to Address the Crisis
8.4 The Multi-Party Interim Appeal Arbitration Arrangement
9 Summary
Further Reading
4 Most-Favoured-Nation Treatment
1 Introduction
2 Most-Favoured-Nation Treatment under the GATT 1994
2.1 Nature of the MFN Treatment Obligation of Article I:1 of the GATT 1994
2.2 MFN Treatment Test of Article I:1 of the GATT 1994
2.2.1 Measures Covered by Article I:1
2.2.2 Measure Granting an ‘Advantage’
2.2.3 ‘Like Products’
2.2.4 Advantage Accorded ‘Immediately and Unconditionally’
2.3 Most-Favoured-Nation Treatment Obligation and the Enabling Clause of the GATT 1994
2.3.1 Preferential Tariff Treatment for Developing Countries under the Enabling Clause
2.3.2 Additional Preferential Tariff Treatment under the Enabling Clause
3 Most-Favoured-Nation Treatment under the GATS
3.1 Nature of the MFN Treatment Obligation of Article II:1 of the GATS
3.2 MFN Treatment Test of Article II:1 of the GATS
3.2.1 Measure Covered by Article II:1
3.2.2 ‘Like Services and Service Suppliers’
3.2.3 Treatment No Less Favourable
3.3 Deviations from the Most-Favoured-Nation Treatment Obligation under the GATS
4 Summary
Further Reading
5 National Treatment
1 Introduction
2 National Treatment under the GATT 1994
2.1 Nature of the National Treatment Obligation of Article III of the GATT 1994
2.1.1 The Object and Purpose of the National Treatment Obligation
2.1.2 De Jure and De Facto Discrimination
2.1.3 Internal Measures versus Border Measures
2.1.4 Government Procurement and Subsidies to Domestic Producers
2.1.5 Articles III:1, III:2, and III:4
2.2 National Treatment Test for Internal Taxation on Like Products
2.2.1 ‘Internal Taxes …’
2.2.2 ‘Like Products’
2.2.3 Taxes ‘in Excess of’
2.3 National Treatment Test for Internal Taxation on Directly Competitive or Substitutable Products
2.3.1 ‘Internal Taxes …’
2.3.2 ‘Directly Competitive or Substitutable Products’
2.3.3 Dissimilar Taxation
2.3.4 ‘So as to Afford Protection to Domestic Production’
2.4 National Treatment Test for Internal Regulation
2.4.1 ‘Laws, Regulations and Requirements Affecting …’
2.4.2 ‘Like Products’
2.4.3 ‘Treatment No Less Favourable’
3 National Treatment under the GATS
3.1 Nature of the National Treatment Obligation of Article XVII:1 of the GATS
3.2 National Treatment Test of Article XVII:1 of the GATS
3.2.1 National Treatment Commitment
3.2.2 ‘Measures by Members Affecting Trade in Services’
3.2.3 ‘Like Services and Service Suppliers’
3.2.4 ‘Treatment No Less Favourable’
4 Summary
Further Reading
6 Tariff Barriers
1 Introduction
2 Customs Duties on Imports
2.1 Definition and Types
2.1.1 Definition of a Customs Duty on Imports
2.1.2 Types of Customs Duties
2.1.3 National Customs Tariff
2.2 Purpose of Customs Duties on Imports
2.3 Customs Duties as a Lawful Instrument of Protection
2.4 Negotiations on the Reduction of Customs Duties
2.4.1 Success of Past Tariff Negotiations
2.4.2 Importance of Customs Duties as Trade Barriers
2.4.3 Basic Rules Governing Tariff Negotiations
2.4.4 Organisation of Tariff Negotiations
2.5 Tariff Concessions and Schedules of Concessions
2.5.1 Tariff Concessions or Tariff Bindings
2.5.2 Schedules of Concessions
2.5.3 Interpretation of Tariff Schedules and Concessions
2.6 Protection of Tariff Concessions
2.6.1 Articles II:1(a) and II:1(b), First Sentence, of the GATT 1994
2.6.2 Tariff Concessions and Customs Duties Actually Applied
2.7 Modification or Withdrawal of Tariff Concessions
2.8 Imposition of Customs Duties on Imports
2.8.1 Customs Classification
2.8.2 Valuation for Customs Purposes
2.8.3 Determination of Origin
3 Other Duties and Charges on Imports
3.1 Definition and Types
3.2 Rules Regarding Other Duties or Charges on Imports
3.3 Measures Exempted from the Rule
4 Customs Duties and Other Duties and Charges on Exports
4.1 Definition and Purpose
4.2 Rules Applicable on Export Duties
5 Summary
Further Reading
7 Non-Tariff Barriers
1 Introduction
2 Quantitative Restrictions on Trade in Goods
2.1 Definition and Types
2.2 Rules on Quantitative Restrictions
2.2.1 General Prohibition on Quantitative Restrictions
2.2.2 Quantitative Restrictions and Customs Duties
2.2.3 Rules on Quantitative Restrictions on Specific Products
2.2.4 Voluntary Export Restraints
2.3 Administration of Quantitative Restrictions
2.3.1 Rule of Non-Discrimination
2.3.2 Rules on the Distribution of Trade
2.3.3 Import-Licensing Procedures
2.4 Special and Differential Treatment
3 Other Non-Tariff Barriers on Trade in Goods
3.1 Lack of Transparency
3.2 Unfair and Arbitrary Application of Trade Measures
3.3 Customs Formalities and Procedures
3.4 Government Procurement Laws and Practices
3.5 Other Measures and Actions
4 Market Access Barriers to Trade in Services
4.1 Definition and Types of Market Access Barriers
4.2 Rules on Market Access Barriers
4.3 Negotiations on Market Access for Services
4.3.1 Basic Rules Governing Article XIX Negotiations
4.3.2 Organisation of Article XIX Negotiations
4.4 Schedules of Specific Commitments
4.4.1 Contents and Structure of Services Schedules
4.4.2 Interpretation of Services Schedules
4.4.3 Market Access Commitments Agreed to in the Uruguay Round Services Schedules
4.5 Modification or Withdrawal of Commitments
5 Other Barriers to Trade in Services
5.1 Lack of Transparency
5.2 Unfair and Arbitrary Application of Trade Measures
5.3 Licensing and Qualification Requirements and Technical Standards
5.4 Government Procurement Laws and Practices
5.5 Other Measures and Actions
6 Summary
Further Reading
8 General and Security Exceptions
1 Introduction
2 General Exceptions under the GATT 1994
2.1 Key Features of Article XX of the GATT 1994
2.1.1 Nature and Function of Article XX
2.1.2 Scope of Application of Article XX
2.1.3 Reliance on Article XX
2.2 Two-Tier Test under Article XX of the GATT 1994
2.3 Specific Exceptions under Article XX of the GATT 1994
2.3.1 Article XX(b)
2.3.2 Article XX(d)
2.3.3 Article XX(g)
2.3.4 Article XX(a)
2.3.5 Article XX(j)
2.3.6 Other Paragraphs of Article XX
2.4 Chapeau of Article XX of the GATT 1994
2.4.1 Object and Purpose of the Chapeau of Article XX
2.4.2 Arbitrary or Unjustifiable Discrimination
2.4.3 Disguised Restriction on International Trade
2.5 Policy Space for Members to Protect Other Societal Values and Interests
3 General Exceptions under the GATS
3.1 Two-Tier Test under Article XIV of the GATS
3.2 Specific Exceptions under Article XIV of the GATS
3.2.1 Article XIV(a)
3.2.2 Article XIV(c)
3.2.3 Other Paragraphs of Article XIV
3.3 Chapeau of Article XIV of the GATS
3.4 The Prudential Exception under the GATS Annex on Financial Services
4 Security Exceptions under the GATT 1994 and the GATS
4.1 Article XXI of the GATT 1994
4.1.1 Article XXI(b)
4.1.2 Article XXI(a)
4.1.3 Article XXI(c)
4.2 Article XIVbis of the GATS
5 Summary
Further Reading
9 Economic Emergency Exceptions
1 Introduction
2 Safeguard Measures under the GATT 1994 and the Agreement on Safeguards
2.1 Constituent Features of a ‘Safeguard Measure’
2.2 Requirements for the Use of Safeguard Measures
2.2.1 ‘Increased Imports’ Requirement
2.2.2 ‘Serious Injury’ Requirement
2.2.3 ‘Causation’ Requirement
2.3 Domestic Procedures and Notification and Consultation Requirements
2.4 Requirements Regarding the Form, Extent, and Duration of the Application of Safeguard Measures
2.4.1 Provisional Safeguard Measures
2.4.2 Duration of Safeguard Measures
2.4.3 Non-Discriminatory Application of Safeguard Measures
2.4.4 Safeguard Measures Commensurate with the Extent of Necessity
2.4.5 Compensation of Affected Exporting Members
3 Safeguard Measures under Other WTO Agreements
3.1 Safeguard Measures under the Agreement on Agriculture
3.2 Safeguard Measures under China’s Accession Protocol
3.3 Safeguard Measures under the GATS
4 Balance-of-Payments Measures under the GATT 1994 and the GATS
4.1 Balance-of-Payments Measures under the GATT 1994
4.1.1 Nature of Balance-of-Payments Measures
4.1.2 Requirements for the Use of Balance-of-Payments Measures
4.1.3 Procedural Issues
4.2 Balance-of-Payments Measures under the GATS
5 Summary
Further Reading
10 Regional Trade Exceptions
1 Introduction
2 Proliferation of Regional Trade Agreements
3 Regional Trade Exceptions under the GATT 1994
3.1 Exceptions Relating to Customs Unions
3.1.1 Definition of a ‘Customs Union’
3.1.2 Conditions for the Justification of GATT Inconsistency
3.2 Exceptions Relating to Free-Trade Areas
3.2.1 Definition of a ‘Free-Trade Area’
3.2.2 Conditions for the Justification of GATT Inconsistency
3.3 Interim Agreements
3.4 Special and Differential Treatment of Developing-Country Members
4 Regional Trade Exceptions under the GATS
4.1 Requirements for Economic Integration Agreements
4.1.1 ‘Substantial Sectoral Coverage’ Requirement
4.1.2 ‘Substantially All Discrimination’ Requirement
4.1.3 ‘Level of Barriers to Trade’ Requirement
4.2 Labour Markets Integration Agreements
4.3 Special and Differential Treatment of Developing-Country Members
5 Institutional and Procedural Matters
6 Summary
Further Reading
11 Dumping
1 Introduction
2 Basic Elements of WTO Law on Dumping
2.1 History of the Law on Dumping
2.2 The Concept of ‘Dumping’ and Its Treatment in WTO Law
2.3 Current Use of Anti-Dumping Measures
3 Determination of Dumping
3.1 ‘Normal Value’
3.2 ‘Export Price’
3.3 Comparison of the ‘Export Price’ with the ‘Normal Value’
3.3.1 ‘Fair Comparison’ Requirement
3.3.2 Calculation of the Margin of Dumping
4 Determination of Injury to the Domestic Industry
4.1 ‘Domestic Industry’
4.2 ‘Injury’
4.2.1 Material Injury
4.2.2 Threat of Material Injury
4.2.3 Determination of Material Retardation
5 Demonstration of a Causal Link
5.1 Relevant Causation Factors and Non-Attribution
5.2 Cumulation
6 Anti-Dumping Investigation
6.1 Initiation of an Investigation
6.2 Conduct of the Investigation
6.3 Public Notice and Judicial Review
7 Anti-Dumping Measures
7.1 Imposition of Provisional Anti-Dumping Measures
7.2 Price Undertakings
7.3 Imposition and Collection of Anti-Dumping Duties
7.4 Duration, Termination, and Review of Anti-Dumping Duties
7.5 Problem of Circumvention of Anti-Dumping Duties
8 Institutional and Procedural Provisions of the Anti-Dumping Agreement
8.1 The Committee on Anti-Dumping Practices
8.2 Dispute Settlement
8.2.1 Standard of Review
8.2.2 Other Special or Additional Rules and Procedures
9 Special and Differential Treatment for Developing-Country Members
10 Summary
Further Reading
12 Subsidies
1 Introduction
2 Basic Elements of WTO Law on Subsidies and Subsidised Trade
2.1 History of the Law on Subsidies and Subsidised Trade
2.2 The WTO Concept of ‘Subsidies’ and Their Treatment under WTO Law
2.3 Current Use of Subsidies and Countervailing Measures
3 Subsidies Covered by the SCM Agreement
3.1 Financial Contribution
3.1.1 Direct Transfers of Funds
3.1.2 ‘Government revenue, otherwise due, that is foregone …’
3.1.3 Provision or Purchase by a Government
3.1.4 Payments to a Funding Mechanism or Financial Contributions through a Private Body
3.1.5 Income and Price Support
3.2 Financial Contribution by a Government or a Public Body
3.3 Financial Contribution Conferring a Benefit
3.4 Requirement of ‘Specificity’ of the Subsidy
4 Prohibited Subsidies
4.1 Export Subsidies
4.2 Import Substitution Subsidies
4.3 Multilateral Remedies for Prohibited Subsidies
5 Actionable Subsidies
5.1 Subsidies Causing Injury
5.1.1 Like Product
5.1.2 Domestic Industry
5.1.3 Injury
5.1.4 Causation
5.2 Subsidies Causing Nullification or Impairment
5.3 Subsidies Causing Serious Prejudice
5.3.1 The Relevant Geographic and Product Market
5.3.2 Displacement or Impedance of Imports or Exports
5.3.3 Price Undercutting, Price Suppression, Price Depression, and Lost Sales
5.3.4 The Meaning of ‘Significant’
5.3.5 Increase in World Market Share
5.3.6 Threat of Serious Prejudice
5.3.7 Causation and Non-Attribution
5.3.8 Other Issues Relevant to the Analysis of the Effects of Subsidies
5.4 Multilateral Remedies for Actionable Subsidies
5.5 Non-Actionable Subsidies
6 Countervailing Measures
6.1 Conditions for the Imposition of Countervailing Duties
6.2 Conduct of Countervailing Duty Investigations
6.2.1 Initiation of an Investigation
6.2.2 Conduct of the Investigation
6.2.3 Public Notice and Judicial Review
6.3 Application of Countervailing Measures
6.3.1 Imposition of Provisional Countervailing Measures
6.3.2 Voluntary Undertakings
6.3.3 Imposition and Collection of Countervailing Duties
6.3.4 Duration, Termination, and Review of Countervailing Duties
6.4 Countervailing Duties or Countermeasures
7 Institutional and Procedural Provisions
7.1 Transparency and Notification Requirements
7.2 Subsidies Committee
7.3 Dispute Settlement
8 Special and Differential Treatment for Developing-Country Members
9 Agricultural Subsidies under the Agreement on Agriculture
9.1 Agricultural Export Subsidies
9.2 Domestic Agricultural Support Measures
10 Summary
Further Reading
13 Technical Barriers to Trade
1 Introduction
2 Scope of Application of the TBT Agreement
2.1 Measures to Which the TBT Agreement Applies
2.2 Entities Covered by the TBT Agreement
2.3 Relationship with Other WTO Agreements
2.3.1 The SPS Agreement and the Agreement on Government Procurement
2.3.2 The GATT 1994
3 Substantive Provisions of the TBT Agreement
3.1 MFN Treatment and National Treatment Obligations
3.1.1 ‘Technical Regulations’
3.1.2 ‘Like Products’
3.1.3 ‘Treatment No Less Favourable’
3.1.4 Conformity Assessment Procedures and Non-Discrimination Obligations
3.2 Obligation to Refrain from Creating Unnecessary Obstacles to International Trade
3.2.1 ‘Technical Regulations’
3.2.2 ‘Trade-Restrictive’
3.2.3 Fulfilling a Legitimate Objective
3.2.4 ‘Not More Trade-Restrictive than Necessary’
3.2.5 Conformity Assessment Procedures and the Obligation to Refrain from Creating Unnecessary Obstacles to International Trade
3.3 Obligation to Base Technical Barriers to Trade on International Standards
3.3.1 Relevant International Standard
3.3.2 ‘Used as a Basis’
3.3.3 Ineffective or Inappropriate Means
3.4 Other Substantive Provisions
3.4.1 Equivalence and Mutual Recognition
3.4.2 Product Requirements in Terms of Performance
3.4.3 Transparency and Notification
3.4.4 Special and Differential Treatment
4 Institutional and Procedural Provisions of the TBT Agreement
4.1 TBT Committee
4.2 Dispute Settlement
4.3 Technical Assistance
5 Summary
Further Reading
14 Sanitary and Phytosanitary Measures
1 Introduction
2 Scope of Application of the SPS Agreement
2.1 Measures to Which the SPS Agreement Applies
2.2 Entities Covered by the SPS Agreement
2.3 Relationship with Other WTO Agreements
2.3.1 The TBT Agreement
2.3.2 The GATT 1994
3 Substantive Provisions of the SPS Agreement
3.1 Basic Principles
3.1.1 Right to Take SPS Measures
3.1.2 ‘Only to the Extent Necessary’
3.1.3 Scientific Basis for SPS Measures
3.1.4 No Arbitrary or Unjustifiable Discrimination
3.2 Goal of Harmonisation
3.3 Obligations Relating to Risk Assessment
3.3.1 Risk Assessment
3.3.2 Based on a Risk Assessment
3.4 Obligations Relating to Risk Management
3.4.1 Appropriate Level of Protection
3.4.2 ‘Not More Trade-Restrictive than Required’
3.5 Provisional Measures and the Precautionary Principle
3.6 Other Substantive Provisions
3.6.1 Recognition of Equivalence
3.6.2 Adaptation to Regional Conditions
3.6.3 Control, Inspection, and Approval Procedures
3.6.4 Transparency and Notification
3.6.5 Special and Differential Treatment
4 Institutional and Procedural Provisions of the SPS Agreement
4.1 SPS Committee
4.2 Dispute Settlement
4.2.1 Scientific Experts
4.2.2 Standard of Review
4.3 Technical Assistance
5 Summary
Further Reading
15 Intellectual Property Rights
1 Introduction
2 The Origins and Objectives of the TRIPS Agreement
2.1 Origins of the TRIPS Agreement
2.2 Objectives and Principles of the TRIPS Agreement
3 Scope of Application of the TRIPS Agreement
3.1 Substantive Scope of Application
3.2 Temporal Scope of Application
4 General Provisions and Basic Principles of the TRIPS Agreement
4.1 Relationship between the TRIPS Agreement and WIPO Conventions
4.2 The National Treatment Obligation
4.3 The Most-Favoured-Nation Treatment Obligation
4.4 Exhaustion of Intellectual Property Rights
5 Substantive Protection of Intellectual Property Rights
5.1 Copyright and Related Rights
5.2 Trademarks
5.3 Geographical Indications
5.4 Patents
6 Enforcement of Intellectual Property Rights
6.1 General Obligations
6.2 Civil and Administrative Procedures and Remedies
6.3 Provisional Measures and Border Measures
6.4 Criminal Procedures
6.5 Acquisition and Maintenance of Intellectual Property Rights
7 Institutional and Procedural Provisions of the TRIPS Agreement
7.1 Council for TRIPS
7.2 Transparency
7.3 Dispute Settlement
7.4 Security Exceptions
8 Special and Differential Treatment of Developing-Country Members
8.1 Transitional Periods
8.2 Technical Assistance and Transfer of Technology
9 Summary
Further Reading
Index