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Private food standards and the World Trade Organization: some legal considerations

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  • WOUTERS, JAN
  • GERAETS, DYLAN

Abstract

Private standards have increasingly become a contentious issue in the multilateral trading system. The ever increasing number of sector-specific standards developed by businesses, in particular in the food market, may have significant implications for developing countries in terms of market access. Some countries see private food standards as a particular form of non-tariff barriers. The World Trade Organization (WTO) deals with non-tariff barriers in the Agreement on Sanitary and Phytosanitary Measures (SPS Agreement) and in the Agreement on Technical Barriers to Trade (TBT Agreement). This paper examines to what extent these agreements cover private standards, as they were originally intended to regulate standard-setting by public authorities. We find that there is an important difference between the SPS Agreement and the TBT Agreement in that the drafters of the latter realized the importance of the private sector in standard-setting. Finally, we discuss whether a ‘Code of Good Practice for the Preparation, Adoption and Application of Standards’, similar to that under the TBT Agreement, could be adopted under the SPS Agreement.

Suggested Citation

  • Wouters, Jan & Geraets, Dylan, 2012. "Private food standards and the World Trade Organization: some legal considerations," World Trade Review, Cambridge University Press, vol. 11(3), pages 479-489, July.
    • Handle: RePEc:cup:wotrrv:v:11:y:2012:i:03:p:479-489_00
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    Citations

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    Cited by:

    1. Boza, Sofía, 2013. "Assessing the impact of sanitary, phytosanitary and technical requirements on food and agricultural trade: what does current research tell us?," Papers 926, World Trade Institute.
    2. J. Wouters & A. Marx & N. Hachez, 2012. "Public and Private Food Safety Standards and International Trade Law. How to Build a Balanced Relationship," Chapters, in: Axel Marx & Miet Maertens & Johan Swinnen & Jan Wouters (ed.), Private Standards and Global Governance, chapter 10, Edward Elgar Publishing.
    3. Boza, Sofía & Fernández, Felipe, 2014. "Development level and WTO member participation in Specific Trade Concerns (STCs) and Disputes on SPS/TBT," Papers 946, World Trade Institute.
    4. Walid Mukahhal & Gumataw Kifle Abebe & Rachel A. Bahn, 2022. "Opportunities and Challenges for Lebanese Horticultural Producers Linked to Corporate Buyers," Agriculture, MDPI, vol. 12(5), pages 1-16, April.
    5. Petros C. Mavroidis & Robert Wolfe, 2016. "Private Standards and the WTO: Reclusive No More," RSCAS Working Papers 2016/17, European University Institute.

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