Transparency in the WTO SPS and TBT Agreements The Real Jewel in the Crown Cambridge International Trade and Economic Law Series

Transparency of trade regulations by all WTO Members is essential for open, fair and predictable trade relations. A myriad of different regulations apply in all WTO Members and have the potential for affecting international trade. The Agreements on the Application of Sanitary and Phytosanitary measures and on Technical Barriers to Trade provide the most comprehensive frameworks in the WTO to address the costs arising from such regulatory diversity, through obligations on regulatory transparency and co-operation. This book gives a detailed account of the legal disciplines of the two Agreements, an in-depth presentation of discussions between WTO Members, and an overview of the few cases that end up in formal dispute settlement. It shows that the strength of the WTO legal and institutional system goes well beyond its dispute settlement system, with transparency enabling implementation of WTO obligations through better information sharing and co-operation among Members themselves, through non-judicial means.

Introduction; Part I. Why The SPS and TBT Agreements? A Legal Discipline Favouring Regulatory Quality: 1. Legal discipline on domestic regulations in SPS and TBT agreements: finding a balance between regulatory autonomy and free trade; 2. Transparency as a core discipline under the SPS and TBT agreements; 3. Regulatory co-operation under the SPS and TBT agreements; Part II. Regulatory Co-operation under the SPS and TBT Agreements: 4. The steps in the pyramid from domestic measures to disputes; 5. The content of the pyramid: what do members need to know to prevent disputes from rising?; Part III. Transparency as a Complement for Dispute Settlement: Information and Dialogue To Favour a Mutually Acceptable Solution: 6. Transparency and disputes: where is the difference?; 7. The challenge of climbing the 'pyramid' leading up to disputes; 8. The 'transparency staircase' to climb the dispute settlement pyramid; 9. Is the current interaction between transparency and dispute settlement optimal?; Conclusion.

Marianna B. Karttunen has worked as a Policy Analyst at the OECD Regulatory Policy Division, focusing on international regulatory co-operation since February 2016. In this position, she carried out innovative policy work on international regulatory co-operation, including leading the first in-depth country reviews on the subject. Previously, she held a position as Policy Adviser at the OECD G8-G20 Sherpa Office and conducted research at the Trade and Environment Division of the WTO. Karttunen has a Ph.D. in Law from the European University Institute and has published in leading journals on international trade law.