- List of Figures
- List of Tables
- List of Abbreviations
- About the Contributors
- The Case For a Multilateral Trade Organization
- The Inconsistent Quartet: Free Trade Versus Competing Goals
- Trade Liberalization And Domestic Politics
- The International Trade Organization
- The Expanding Mandate Of The Gatt: The First Seven Rounds
- The Uruguay Round Negotiations and the Creation of the WTO
- The Role of the Director-General and the Secretariat
- Defining the Borders of the WTO Agenda
- Collective Agency, Systemic Consequences: Bargaining Coalitions in the WTO
- The Influence of the EU in the World Trade System
- The Role of the United States: A Multilevel Explanation For Decreased Support Over Time
- The Role of the Brics in the WTO: System-Supporters or Change Agents in Multilateral Trade?
- Least-Developed Countries In The WTO: Growing Voice
- Awkward Partners: NGOs And Social Movements At The WTO
- What Happened To The Influence Of Business? Corporations and Organized Labour In The WTO
- Trade In Manufactures And Agricultural Products: The Dangerous Link?
- Trade In Services In The WTO: From Marrakesh (1994), To Doha (2001), to… (?)
- Trade-Related Intellectual Property Rights
- Flexibilities, Rules, And Trade Remedies In The Gatt/WTO System
- Regulatory Measures
- The Trade Policy Review Mechanism
- Dispute Settlement Mechanism—Analysis And Problems
- The Dispute Settlement Mechanism At The WTO: The Appellate Body—Assessment And Problems
- WTO Judicial Interpretation
- The Dispute Settlement Mechanism: Ensuring Compliance?
- Persistent Deadlock In Multilateral Trade Negotiations: The Case Of Doha
- The Role Of Domestic Courts In The Implementation Of WTO Law: The Political Economy Of Separation Of Powers And Checks And Balances In International Trade Regulation
- Preferential Trading Arrangements
- New Trade Issues In Food, Agriculture, And Natural Resources
- Fairness In The WTO Trading System
- Labour Standards And Human Rights
- Trade And The Environment
- Proposals For WTO Reform: A Synthesis And Assessment
- The WTO And Institutional (In)Coherence In Global Economic Governance
Abstract and Keywords
This article explores regulatory measures in the World Trade Organization (WTO), showing how it is extremely difficult to distinguish between measures that are a legitimate exercise of domestic regulatory autonomy from others which may be seen as a form of protectionism. Even in the early years of the regime, when the reach of the General Agreement on Tariffs and Trade behind the borders was minimal, there were difficulties associated with determining impermissible versus permissible discrimination, without reference to some standards. The article then goes on to address agreements that deal with these concerns, including the Sanitary and Phytosanitary Measures Agreement and the General Agreement on Trade in Services. It also discusses the National Treatment obligation with respect to non-fiscal laws, regulations, and requirements that affect imported products; the product–process distinction; the concept of public morals; the ‘necessity’ test; the requirements of the chapeau; the Agreement on Technical Barriers to Trade and the role of international standards; and food and agriculture regulation. Finally, the article investigates the implications that the WTO's regulatory measures generate for the organization's democratic deficit.
Keywords: regulatory measures, World Trade Organization, protectionism, Tariffs and Trade, Phytosanitary Measures Agreement, Trade in Services, National Treatment, public morals, necessity test, chapeau
Robert Howse is Lloyd C. Nelson Professor of International Law and Faculty Co-Director of the Institute for International Law and Justice, New York University Law School.
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