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PART II - Transparency as a Substitute for Dispute Settlement

The Most Effective Compliance Tool in the WTO?

Published online by Cambridge University Press:  28 April 2020

Marianna B. Karttunen
Affiliation:
OECD, Paris
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Summary

This part presents the uses made by WTO Members of the SPS and TBT Transparency tools, to demonstrate that transparency can – and does – substitute the dispute settlement procedure. To do so, it gives an overview of both the ‘supply side’ of information, i.e. the volume of information that is shared by WTO Members, and the ‘demand side’ of information, i.e. the information sought by WTO Members that raise concerns about other WTO Members’ measures. The part shows that despite active sharing of information about domestic measures by WTO Members, there is still much higher demand than supply of information. The possibility to raise Specific Trade Concerns (STCs) in SPS and TBT Committees allows to bridge this gap and obtain information, contributes to Members regulatory process and addresses practical impediments to trade. As a result, STCs play an important role in addressing trade conflicts and preventing them from being raised as formal disputes.

Type
Chapter
Information
Transparency in the WTO SPS and TBT Agreements
The Real Jewel in the Crown
, pp. 131 - 216
Publisher: Cambridge University Press
Print publication year: 2020

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