Book contents
- Transparency in the WTO SPS and TBT Agreements
- Cambridge International Trade and Economic Law
- Transparency in the WTO SPS and TBT Agreements
- Copyright page
- Dedication
- Contents
- Figures
- Tables
- Foreword
- Acknowledgements
- Abbreviations
- Table of Cases
- Country Classification
- Introduction
- Part I Why the SPS and TBT Agreements?
- PART II Transparency as a Substitute for Dispute Settlement
- 4 The Steps in the WTO Disputing Pyramid
- 5 The Content of the WTO Disputing Pyramid
- Conclusion of Part II
- Part III Transparency as a Complement to Dispute Settlement
- Conclusion
- Appendices
- References
- Index
5 - The Content of the WTO Disputing Pyramid
What Do Members Need to Know to Prevent Disputes from Arising?
from PART II - Transparency as a Substitute for Dispute Settlement
Published online by Cambridge University Press: 28 April 2020
- Transparency in the WTO SPS and TBT Agreements
- Cambridge International Trade and Economic Law
- Transparency in the WTO SPS and TBT Agreements
- Copyright page
- Dedication
- Contents
- Figures
- Tables
- Foreword
- Acknowledgements
- Abbreviations
- Table of Cases
- Country Classification
- Introduction
- Part I Why the SPS and TBT Agreements?
- PART II Transparency as a Substitute for Dispute Settlement
- 4 The Steps in the WTO Disputing Pyramid
- 5 The Content of the WTO Disputing Pyramid
- Conclusion of Part II
- Part III Transparency as a Complement to Dispute Settlement
- Conclusion
- Appendices
- References
- Index
Summary
This chapter provides a unique account of the content of discussions in SPS and TBT Committees. Based on an in-depth analysis of Committee meeting minutes over 5 years (2010–2014), it looks into the demand side of information, i.e. in the information sought by WTO Members raising a concern in the SPS and TBT Committees and their purpose in raising such concerns. It finds that Members active in the STC discussions are either after further information or clarification of a measure, they intend to influence draft regulations through inputs to other Members’ regulatory process, or they try to address a problem they face in the implementation of the measure. STCs therefore allow WTO Members to engage in technical dialogue about domestic regulations, against the backdrop of the SPS and TBT Agreements, without there being a legal stake in the discussion. In other words, transparency can be seen as shaping the behaviour of WTO Members without there being new agreements or enforcement.
Keywords
- Type
- Chapter
- Information
- Transparency in the WTO SPS and TBT AgreementsThe Real Jewel in the Crown, pp. 174 - 213Publisher: Cambridge University PressPrint publication year: 2020