TBTs, Firm Organization and Labour Structure - The Effect of Technical Barriers to Trade on Skills

The article analyzes the development and implementation of technical regulations on the territory of the Eurasian economic Union. The suggestions concerning the necessity of periodic assessment of the scientific and technical level of the current technical regulations are proposed. It is shown that mandatory for application within the territory of the Eurasian economic Union technical regulations are treated as documents that have an effective impact on improving the quality of the population life, the comfort of its accommodation, is aimed at protecting life and health of citizens, environment, they serve as a tool to eliminate technical barriers to trade, the exclusion of presence in the consumer market of the Eurasian economic Union substandard, counterfeit, adulterated, energy inefficient and hazardous products, including imported.

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A Study on Risk Management of Import-Export on WTO Technical Barriers to Trade

Asian Trade Risk Management ◽

10.22142/atrm.2018.2.2.1 ◽

2018 ◽

Vol 2 (2) ◽

pp. 1-25

Author(s):

Chi Ho Lee ◽

Keyword(s):

Risk Management ◽

Technical Barriers To Trade

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Entry Deregulation, Firm Organization, and Wage Inequality

International Journal of Industrial Organization ◽

10.1016/j.ijindorg.2021.102763 ◽

2021 ◽

pp. 102763

Author(s):

Dudley Cooke ◽

Ana P. Fernande ◽

Priscila Ferreira

Keyword(s):

Wage Inequality ◽

Firm Organization

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United States – Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products – Recourse to Article 21.5 of the DSU by Mexico (US–Tuna II (Mexico) (Article 21.5 – Mexico), DS381)

World Trade Review ◽

10.1017/s1474745616000069 ◽

2016 ◽

Vol 15 (3) ◽

pp. 523-525

Author(s):

Geoffrey Carlson

Keyword(s):

United States ◽

Dispute Settlement ◽

The United States ◽

Technical Barriers To Trade ◽

Appellate Body ◽

Final Rule

This compliance proceeding under Article 21.5 of the DSU concerned measures taken by the United States to implement the recommendations and rulings of the Dispute Settlement Body (DSB) in US–Tuna II (Mexico). In US–Tuna II (Mexico), the DSB found that certain US measures concerning the importation, marketing, and sale of tuna products (taken together, the Original Tuna Measure) were inconsistent with the Agreement on Technical Barriers to Trade (the TBT Agreement). The Original Tuna Measure, inter alia, contained conditions under which tuna products could be labelled ‘dolphin safe’. The United States' measure taken to comply with the recommendations and rulings of the DSB consisted of an amendment to the Original Tuna Measure (the 2013 Final Rule). The Appellate Body generally referred to the Original Tuna Measure, together with the 2013 Final Rule, as the Amended Tuna Measure. The Amended Tuna Measure was the focus of this compliance proceeding.

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The Legitimate Regulatory Distinction Test: Incomplete and Inadequate for the Particular Purposes of the TBT Agreement

World Trade Review ◽

10.1017/s1474745616000239 ◽

2016 ◽

Vol 15 (4) ◽

pp. 543-562 ◽

Cited By ~ 4

Author(s):

JASON HOUSTON-MCMILLAN

Keyword(s):

Dispute Settlement ◽

Technical Barriers To Trade ◽

Dispute Settlement Mechanism ◽

Appellate Body ◽

The Creation ◽

The Cost ◽

Special Circumstances ◽

Settlement Mechanism

AbstractPrior to 2011, the Agreement on Technical Barriers to Trade had been somewhat neglected as a dispute-settlement mechanism, due in part to the lack of previous interpretation of the Agreement by WTO DSB Panels. In 2012, the Appellate Body adjudicated on three TBT disputes:US–Clove Cigarettes, US–Tuna II, andUS–COOL, aiming to officially interpret and clarify Articles 2.1 and 2.2 of the Agreement by creating a distinct test for a measure's consistency with these Articles. This paper explores the relevant decisions of both the Panel and Appellate Body in the three disputes which led to the creation of the ‘legitimate regulatory distinction’ test. The substance behind this phrase, placed in context, is dissected along with the associated idea of ‘even-handedness’. The test attempts to simplify future interpretations regarding what will constitute unjustifiable discrimination, but at the cost of the necessary distinction between the GATT and the TBT Agreement being blurred. The result is a test which is incomplete and which fails to take account of the special circumstances surrounding the TBT Agreement.

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