| Popis: |
Many government labelling schemes, including those involving labour standards, human rights standards and environmental norms (including certain norms related to farming techniques) will now fall within the TBT Agreement and be subject to the rules governing technical regulations. Consumers will have greater opportunity to base purchasing decisions on processes and production methods used to produce a product. This does not mean the end of the trade system. Unfortunately, the Appellate Body was not always successful in clarifying the rationale behind its recent TBT decisions. It has reinterpreted the meaning of words in the TBT Agreement as it sees fit, but sometimes without adequate legal support or even open discussion of the issues and rationale involved. This means that Humpty Dumpty was right. His question in the WTO context is "which is to be the master"- the Members or the Appellate Body? The answer is almost always the Appellate Body. Keywords: Appelllate Body; consumer; environmental norms; human rights standards; labelling schemes; product; TBT Agreement; WTO context |
