International Standards as Global Public Goods in the World Trading System

Du, M and Deng, F (2016) International Standards as Global Public Goods in the World Trading System Legal Issues of Economic Integration, 43 (2), LEIE201600. pp. 113-143.

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Abstract

International standards have assumed special legal significance in the World Trade Organization (WTO) Agreement on Technical Barriers to Trade (‘TBT Agreement’). This article conceptualizes international standards as global public goods and argues for applying global administrative law principles to vet international standards before they are afforded quasi-legislative status in the WTO law. We traced how the WTO Appellate Body has changed its original hands-off approach in EC – Sardines in 2002 to a more intrusive approach in US – Tuna II in 2012.We submit that the WTO Appellate Body’s new approach to international standards marks a distinctive pathway for the development of global administrative law in producing global public goods. The compliance with global administrative law principles set out in the TBT Committee Decision in turn provides international standardizing bodies with additional legitimacy and accountability. However, contrary to popular opinion, we submit that adoption by consensus is not a necessary condition for a standard to be recognized as an international standard in the world trading system.

Item Type:	Article
Subjects :	subj_Law
Divisions :	Surrey research (other units)
Authors :	Du, M and Deng, F
Date :	15 May 2016
Copyright Disclaimer :	Copyright © 2016 Kluwer Law International
Related URLs :	Publisher
Depositing User :	Symplectic Elements
Date Deposited :	24 May 2016 13:30
Last Modified :	24 Jan 2020 12:53
URI:	http://epubs.surrey.ac.uk/id/eprint/810723

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