Big Third-Party Certifiers and the Construction of Transnational Regulation

2017 ◽  
Vol 670 (1) ◽  
pp. 263-279 ◽  
Author(s):  
Jean-Pierre Galland
Keyword(s):  
International Trade ◽  
Third Party ◽  
Conformity Assessment ◽  
Certification And Accreditation

International trade is increasingly regulated through standardization, certification, and accreditation. To ensure that consumers can trust that the products they buy meet regulators’ standards, third-party certifiers and accreditation bodies, which “certify the certifiers,” act as intermediaries enlisted to deliver conformity assessment certificates to producers. This article explores how a few third-party certifiers have exploited their position between multiple regulators and diverse targets to invest in a growing number of sectors, expand globally, and become preferred advisers to regulators. As regulators enlist them to standardize certification practices, big third-party certifiers (BTPCs) advise regulators to set system-based regulations that are better suited to their own organizations and networks of international subsidiaries.

, cases such as White v Jones will not come to be regarded as actions in contract, since it must be the contract between the relevant contracting parties which expressly or impliedly confers a benefit on the third party and, in White v Jones, it was the will, rather than the contract which conferred the relevant benefit. The second question above asks if T can seek to rely on a defence contained in the contract between A and B in an action brought against him by A or B. Typically, such cases will involve the question of whether T is entitled to the protection of an exemption clause. Many commercial transactions involve many parties. Typical examples include international trade dealings under which there is a complex of relations between the buyer, seller, carrier and other parties involved in the process of shipment of a cargo. Similarly, many contracts entered into for the purposes of the construction of a building or a ship may involve a number of subcontractors as well as the party commissioning the work and the main contractor. These multipartite relationships are often difficult to explain in terms of traditional rules of the law of contract which appear to treat the two-party contract as the norm. Where exemption clauses are concerned, a simple application of the doctrine of privity of contract would suggest that a third party cannot claim the benefit of such a provision if it is part of a contract between two other parties. If a firm of stevedores, employed by a carrier to unload a cargo, negligently damages goods carried under the terms of a contract of carriage made between the consignor of goods and the carrier, the question may arise whether the stevedore, in an action brought by the purchaser of the cargo, can claim the benefit of an exclusion clause in the contract between the consignor and the carrier which purports to protect both the carrier and the stevedore. Commercial reality suggests that if the risk of loss or damage to a cargo has already passed to the buyer then he should be insured against that risk. Accordingly, since there is likely to be a valid insurance policy covering the risk of damage in the course of unloading, it makes commercial sense for the stevedores to be able to claim the protection of the exemption clause. However, a rigid application of the doctrine of privity of contract in this type of case would mean that the stevedores could be sued for the damage to the cargo despite the fact that the buyer was insured against that risk. The commercial reality approach suggests that there should be a doctrine of vicarious immunity under which the third party may rely upon an exemption clause in a contract to which he is not a party, provided it is the intention of all concerned that the benefit should be extended to such a person. However, the doctrine of vicarious immunity was later rejected by the House of Lords in Scruttons Ltd v Midland Silicones Ltd, where the

1995 ◽  
pp. 772-772
Keyword(s):  
International Trade ◽  
Third Party ◽  
Simple Application ◽  
Insurance Policy ◽  
The Third ◽  
House Of Lords ◽  
The Will ◽  
The Law ◽  
The Third Party ◽  
Privity Of Contract

) Seller is bound to hand the goods over to the first carrier at a particular place, but hands them over prior to the place agreed. d) Goods are handed over to the first carrier but have not yet been identified. Q 67-9 In which of the above situations is the burden of the risk split during transport? Q 67-10 Under the CISG, when does the risk pass in the following situations: a) Seller hands goods over to freight forwarder who will undertake the transport itself. b) Same situation, but a third party will transport the goods. c) Same situation, but the freight forwarder has the right to transport in its own name. Q 67-11 Compare Art. 67 CISG with domestic sales laws. a) Compare Art. 67(1) CISG with § 2-509 UCC. Do you see any similarities? b) What is the corresponding rule in the BGB? c) Why is the BGB clearer than the CISG with regard to the passing of risk in the case of handing the goods over to a freight forwarder? Q 67-12 It has been stated that, under the CISG, although from a dogmatic view, the time of delivery and the time of passing of risk have been distinguished, in practice they will often coincide. Under French and Swiss law, the passing of risk has been settled differently. a) To what extent do Swiss and French law provide for a similar rule on the passing of risk? b) Which point in time is decisive as to whether the risk has passed to the buyer? c) Which rules are more suited for modern international trade, the French and Swiss ones or those found in Art. 67 CISG and the other sales laws? Discuss. d) Under Swiss law, title to the goods will not pass until handing over the goods to the buyer. How does the CC settle the passing of title to goods? Cf. Art. 1138(1) CC. e) In light of what has been said sub c), do you see a rationale in French law for how it handles the passing of risk? f) Which difficulty persists in Swiss law with regard to risk allocation between the buyer and the seller? Q 67-13 As a rule, the burden of proof as to where loss or damage to the goods occurred is borne by the party that wants to draw a benefit from that fact.

2007 ◽  
pp. 519-519
Keyword(s):  
International Trade ◽  
Burden Of Proof ◽  
The Other ◽  
Third Party ◽  
Risk Allocation ◽  
French Law ◽  
Swiss Law ◽  
Freight Forwarder ◽  
The Right ◽  
Own Name

Consumatori e certificazione dei prodotti da agricoltura biologica. Un'analisi empirica

2012 ◽  
pp. 195-215
Author(s):  
Simona Naspetti ◽  
Raffaele Zanoli
Keyword(s):  
Raw Materials ◽  
Organic Food ◽  
Third Party ◽  
Inspection System ◽  
Organic Certification ◽  
Foreign Countries ◽  
Organic Products ◽  
Certification And Accreditation ◽  
New Guidelines ◽  
Indication Of Origin

According to the new organic (Regulation (ec) No 834/2007, a mandatory eu logo for organic food was introduced as well as new guidelines to label organic products. In the new labelling the indication of origin of the raw materials is compulsory: ‘eu Agriculture', ‘non-eu Agriculture' or ‘eu/non-eu Agriculture'. When all agricultural raw materials came from the same country, the terms ‘eu' and ‘non-eu' can be replaced or supplemented by the name of that country. The name of the Organic certifier can be also signalled to final consumers by the product labelling. In some eu countries (Denmark and Germany) the product label based on a third-party certification, private or public, make them trust the underlying certification scheme. Although consumers often lack knowledge on organic certification and organic farming practices in general, several studies highlight that scepticism and uncertainty towards organic logos and certification prevent consumers from buying more organic food. The present study analyses how consumers perceive some of the most important aspect of the new labelling regulation (the origin of raw materials and the organic certifier for organic food). Few studies exist on consumer views on organic labelling for organic food and willingness to pay for trust in the organic food quality (Burrell et al., 2006). The recommendations drawn from our findings can help stakeholders in the Italian organic sector. 415 consumers in three Italian locations (Ancona, Milano, Bari) participated to a survey in March 2010. The results show that the organic consumers prefer organic products from Europe and trust products certified by Italian (more than from foreign countries) and public certification bodies (more than private). These findings suggest the need for transparency of the complexity of the organic certification and accreditation system, unknown to most of the consumers. There is a need to make them clear what the new label characteristics stand for and remove consumer concerns of the standards and the trustworthiness of the inspection system.

Outsourcing FTA Dispute Settlement Administration to Third-Party International Arbitral Institutions: Opportunities and the Role of the Permanent Court of Arbitration

2020 ◽  
Vol 19 (1) ◽  
pp. 49-78
Author(s):  
Scott Falls
Keyword(s):  
International Trade ◽  
Dispute Settlement ◽  
Third Party ◽  
Trade Disputes ◽  
Contracting Out ◽  
Administrative Functions ◽  
The Future ◽  
Future Viability ◽  
Potential Benefits

Abstract With the future viability of WTO dispute settlement being uncertain, states may be required to rely on the dispute settlement mechanisms of their FTAs to provide a forum for litigating international trade disputes. Given however that these mechanisms have historically been inefficient and ineffective, it would be judicious for states to consider delegating the administrative functions of FTA dispute settlement to a third-party arbitral institution in order to remedy these deficiencies. This article analyzes both the factors impelling states to consider contracting out the administrative function of FTA dispute settlement, as well as the potential benefits states can reap by pursuing this strategy. Assessing the strengths and potential drawbacks of delegating FTA dispute settlement administration to the Permanent Court of Arbitration in particular, this article argues that the PCA is well positioned to undertake effective and efficient administration of FTA trade disputes.

scholarly journals Proposed Regulation of Third-Party Funding in Investor-State Dispute Settlement

2021 ◽  
Vol 14 (1) ◽  
pp. 74-87
Author(s):  
Matias Tamlander
Keyword(s):  
International Trade ◽  
United Nations ◽  
Dispute Settlement ◽  
Third Party ◽  
Conflicts Of Interests ◽  
Trade Law ◽  
International Trade Law ◽  
Investment Arbitration ◽  
Proposed Regulation ◽  
Party Funding

Third-party litigation funding is increasingly used to finance legal claims in investor-state dispute settlement, with financiers funding investor claims against sovereign states in exchange for a share of potentially substantial compensation rendered in eventual arbitral awards. A chiefly unregulated phenomenon, third-party funding has been perceived especially controversial in the context of the investment arbitration regime, a system some allege is already ingrained with inequities. Third-party funding raises numerous policy questions, such as conflicts of interests, disclosure, costs of the proceedings, and even the entire permissibility of the practice in investor-state dispute settlement. This review raises various issues and concerns related to third-party funding in investor-state dispute settlement and presents the regulatory efforts and criticism thereof with regards to the reform of rules of both the International Centre for Settlement of Investment Disputes and the United Nations Commission on International Trade Law.

scholarly journals Increasing the Quality of Agricultural Machinery Testing – A Comparison Between Italian and Polish Experience

2015 ◽  
Vol 6 (2) ◽  
pp. 14-24 ◽  
Author(s):  
Agnieszka Klembalska ◽  
Giulio Fancello
Keyword(s):  
Third Party ◽  
Conformity Assessment ◽  
Agricultural Machinery ◽  
Testing Laboratory ◽  
The Third ◽  
Polish Experience ◽  
The Third Party ◽  
Assessment Procedures ◽  
Protection Of Life

Abstract Safety of agricultural machinery is a key aspect in carrying out agrotechnical treatments. Appropriate testing of machines and equipment guarantees better protection of life or health. Applicable conformity assessment procedures do not require (except for particularly dangerous machines) participation of the third party - a professional, specialized, accredited, notified testing laboratory what raises a common fear of the dangers arising from ignorance of manufacturers.

scholarly journals Estimating international trade status of countries from global liner shipping networks

2020 ◽  
Vol 7 (10) ◽  
pp. 200386
Author(s):  
Mengqiao Xu ◽  
Qian Pan ◽  
Haoxiang Xia ◽  
Naoki Masuda
Keyword(s):  
International Trade ◽  
World Economy ◽  
Transportation Network ◽  
Liner Shipping ◽  
Maritime Transportation ◽  
Third Party ◽  
Global Markets ◽  
Maritime Shipping ◽  
Foreign Countries ◽  
Shipping Networks

Maritime shipping is a backbone of international trade and, thus, the world economy. Cargo-loaded vessels travel from one country's port to another via an underlying port-to-port transport network, contributing to international trade values of countries en route. We hypothesize that ports that involve trans-shipment activities serve as a third-party broker to mediate trade between two foreign countries and contribute to the corresponding country's status in international trade. We test this hypothesis using a port-level dataset of global liner shipping services. We propose two indices that quantify the importance of countries in the global liner shipping network and show that they explain a large amount of variation in individual countries' international trade values and related measures. These results support a long-standing view in maritime economics, which has yet to be directly tested, that countries that are strongly integrated into the global maritime transportation network have enhanced access to global markets and trade opportunities.

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