scholarly journals Interval Estimation of the Tariff Equivalent of Technical Barriers to Trade in the Case of Japan^|^rsquo;s Phytosanitary Measures against Fire Blight in Imported Apples

2010 ◽  
Vol 46 (1) ◽  
pp. 100-103
Author(s):  
Tomoaki Nakatani ◽  
Ayumi Miyata ◽  
Daisuke Sawauchi ◽  
Takahiro Sajiki ◽  
Yasutaka Yamamoto
2020 ◽  
Vol 12 (24) ◽  
pp. 10545
Author(s):  
Sung Ju Cho ◽  
Saera Oh ◽  
Sang Hyeon Lee

This study quantifies the structure similarity of nontariff measures between countries and estimates its impact on bilateral agricultural trade using a structural gravity model. The findings show that a similar structure of technical barriers to trade (TBT) between countries is likely to expand their bilateral trade. However, a similar structure of sanitary and phytosanitary measures (SPS) is shown to have negative impacts on agricultural trade. We also discuss the effects of regulatory harmonization on sustainable development.


2016 ◽  
Vol 7 (2) ◽  
pp. 262-268
Author(s):  
Alexia Herwig

The leaked TTIP documents reveal that the EU and US are discussing the introduction of a detailed set of procedural requirements for the adoption of regulatory measures. Default provisions are set forth in the chapter on regulatory cooperation, applicable to goods and services. More specific provisions are being negotiated in the chapters on technical barriers to trade and on sanitary and phytosanitary measures. If they conflict with the regulatory cooperation chapter, they prevail.This article analyses the regulatory cooperation chapter insofar as it pertains to trade in goods but to the exclusion of SPS matters and anything provided in the TBT chapter itself. The questions this article examines are to what extent the TTIP proposals expand upon the obligations the two parties have already taken on under WTO law and to what extent the resulting regulatory coordination is consistent withWTO law. It will be shown that the US proposals on procedure may constrain substantive regulatory discretion beyond what applies under the GATT and TBT Agreement of the WTO. It will alsobe shown that the needs to conduct trade impact assessments and a detailed explanation of the necessity of measures anticipate a legal challenge to necessity and will provide information of much use to complainants in meeting their burden of proof.


Author(s):  
Maureen Irish

SummaryRecent decisions of the Appellate Body of the WTO deal with the interpretation of GATT Article XX, which provides exemptions from trade obligations for important non-trade policies such as the protection of health and the environment. The article discusses those decisions, as well as the balance between trade and non-trade interests in the provisions of the Agreement on the Application of Sanitary and Phytosanitary Measures and the Agreement on Technical Barriers to Trade.


AJIL Unbound ◽  
2014 ◽  
Vol 108 ◽  
pp. 323-327
Author(s):  
Joel Trachtman

The negotiators and drafters of the Agreement establishing the World Trade Organization(WTO), which includes the General Agreement on Tariffs and Trade 1947(GATT) and the Agreement on Technical Barriers to Trade(TBT), as well as other subagreements dealing with domestic regulation, such as the Agreement on Sanitary and Phytosanitary Measures(SPS), did not do a great job of doctrinal integration among the different documents that comprise the WTO Agreement. To be fair, at the end of the Uruguay Round, the hour was late and they may have felt that the basic ideas were sufficiently clear that it could all be sorted out in litigation. But in several contexts, including within the original GATT, the text of which dates from 1947, they covered the same ground in multiple places, without stating clearly how the different norms relate to one another,and without articulating plausible reasons for different treatment. For example, why is different language used for national treatment in three different places within Article III of GATT, and why is that language different from the language that appearsto have the same purpose in the TBT Agreement or in the SPS Agreement?


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