Product Safety in the Framework of the WTO Agreement on Technical Barriers to Trade

in Paolo Davide Farah, Elena Cima (editors), CHINA’S INFLUENCE ON NON-TRADE CONCERNS IN INTERNATIONAL ECONOMIC LAW, Global Law and Sustainable Development Book Series, Routledge Publishing, ISBN 978-1-4094-4848-8. September 2016, pp. 436-448

48 Pages Posted: 16 Dec 2016 Last revised: 6 Mar 2017

See all articles by Lukasz Gruszczynski

Lukasz Gruszczynski

Kozminski University - School of Law; Hungarian Academy of Sciences CSS Institute for Legal Studies

Tivadar Ötvös

gLAWcal - Global Law Initiatives for Sustainable Development

Paolo Davide Farah

West Virginia University (WV, USA); gLAWcal - Global Law Initiatives for Sustainable Development (United Kingdom)

Date Written: October 26, 2016

Abstract

This chapter discusses the basic obligations for national product safety regulations imposed by the TBT Agreement, and gives a general picture of the rules on technical standards that are applicable in the relations between China and its trading partners. The first section defines the scope of the agreement, while the second analyzes its specific requirements relevant to domestic product safety regulations. The last section concludes with some general observations on the functioning of the agreement. Due to the space limitations, this chapter should be regarded more as an introduction than a comprehensive analysis of existing legal obligations.

From the previous reasoning, it is evident that this chapter defines product safety rules quite broadly. They include provisions that aim at eliminating particular health risks – for example, by prohibiting particular chemical substances in some or all products – as well as provisions aimed at limiting their extent – for example, by setting specific thresholds for nicotine in cigarettes or by requiring certain safety devices in cars. In the second instance, a regulator may accept, for other reasons, a certain level of risk connected with the use of a product. Product safety rules also include informational requirements imposed on sellers or producers, such as various labeling obligations requiring them to disclose the composition of a product, provide instructions on its safe use, or indicate specific risks related to such use.

Keywords: WTO, International Trade Law, TBT Agreement, China, Product Safety, Technical Standards, Health, Risks, Chemical Substances, Labeling

JEL Classification: Q40, Q48, Q50, Q56, Q58, Q34, Q37, Q32, Q23, Q24, Q25, Q27, K33, K32, Q17, Q18

Suggested Citation

Gruszczynski, Lukasz Adam and Ötvös, Tivadar and Farah, Paolo Davide, Product Safety in the Framework of the WTO Agreement on Technical Barriers to Trade (October 26, 2016). in Paolo Davide Farah, Elena Cima (editors), CHINA’S INFLUENCE ON NON-TRADE CONCERNS IN INTERNATIONAL ECONOMIC LAW, Global Law and Sustainable Development Book Series, Routledge Publishing, ISBN 978-1-4094-4848-8. September 2016, pp. 436-448, Available at SSRN: https://ssrn.com/abstract=2883780

Lukasz Adam Gruszczynski

Kozminski University - School of Law ( email )

Jagiellonska 57-59 ST
Warsaw, 03-301
Poland

Hungarian Academy of Sciences CSS Institute for Legal Studies ( email )

Tóth Kálmán st. 4
Budapest, 1097
Hungary

HOME PAGE: http://https://jog.tk.mta.hu/en/

Tivadar Ötvös

gLAWcal - Global Law Initiatives for Sustainable Development ( email )

United Kingdom

Paolo Davide Farah (Contact Author)

West Virginia University (WV, USA) ( email )

325 Willey Street
Morgantown, WV 26506
United States

HOME PAGE: http://paolofarah.wordpress.com

gLAWcal - Global Law Initiatives for Sustainable Development (United Kingdom) ( email )

United Kingdom

HOME PAGE: http://www.glawcal.org.uk/

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