Greater access to international markets is universally accepted as the solution for many of Africa’s problems. Such increased access would theoretically allow African countries the opportunity to develop strong economies. Sustainable growth through trade would then replace the current common dependence on aid and enable African citizens to enjoy a fuller share of the myriad benefits of globalisation. The gradual global reduction in historic methods to protect markets aspects, such as tariffs, is bringing technical requirements to the fore. These requirements often become Technical Barriers to Trade (TBTs) between Africa and its trading partners. Simultaneously, there are continuous global demands for greater access to African markets. Such demands occur even as ever more stringent technical requirements for granting reciprocal access in developed markets are set. Such technical access requirements are insidiously becoming an increasingly important part of the African trading landscape. African governments increasingly need therefore to ensure that domestic industry and agriculture have appropriate and affordable access to appropriate technical support infrastructure. The current African approaches to such generally unexpected technical challenges from elsewhere, are mostly reactive donor–driven projects managed as crises. In order to address such issues proactively, a vital first step is the formulation of a mutually supportive set of national, or preferably regional, polices and associated strategies to synergistically address African issues of trade, industrialisation, agriculture and the environment. The prevalent silo approach that exists both within and among African countries in these increasingly interlinking areas unfortunately simply exacerbates an already desperate situation. The predominant focus of NEPAD presently revolves around demonstrating appropriate governance. Rather than continuing to be victims of globalisation, African states working cooperatively through NEPAD have an opportunity to redress their past difficulties. In the area of African Standards, Quality assurance, Accreditation and Metrology (SQAM) capacitation, NEPAD has an important leadership role to play. It could provide a foundation through which solutions in SQAM be cooperatively sought and addressed. Aspects relating to proving compliance to the aforementioned agricultural, industrial and environmental policies need immediate attention. An African, public administration led approach to building SQAM technical capacity would then be possible. Complying with the various and technically challenging regulatory requirements of foreign markets cannot continue be the sole thrust of Africa’s trade facilitation efforts. Implementing foreign technical solutions that make sense in a limited and different context will not deliver large scale benefits for Africa. NEPAD fostered partnerships based on mutually beneficial and optimal solutions are preferable. Such a proposed role for NEPAD includes the creation of sound theoretical public administration underpinning and successful operational facilitation for African public administrators working in concert on mutually beneficial technical SQAM support strategies. / Thesis (PhD)--University of Pretoria, 2010. / School of Public Management and Administration (SPMA) / Unrestricted

Standards are necessary for an efficient functioning of the market and their regulation is an increasingly important area of law. Such is their importance that today it is possible to find thousands of standards developed by international standardising bodies, governmental agencies and even private companies in products that range from SIM cards and medical devices, to the pasteurisation of milk and computer protocols. Reasons that justify their widespread use are not difficult to ascertain: they play, for example, an important role in the achievement of economies of scale in manufacturing and in the attainment of compatibility of products and processes. However, together with these positive effects, standards can also have discriminatory consequences for trading partners, especially in cases in which they are badly designed and applied (for example, when they are introduced with the real purpose of creating an artificial comparative advantage for domestic producers). Given the existence of these ambivalent effects, three different policy tools have been developed within the World Trade Organisation (WTO) legal regime, aimed at maximising the benefits derived from the use of standards: harmonisation, equivalence and mutual recognition. The present thesis investigates the way in which both the WTO Technical Barriers to Trade (TBT) and Sanitary and Phytosanitary Measures (SPS) Agreements regulate these three instruments, and also, the potential shortcomings of the system from a trade law perspective. For that purpose, it studies relevant legal provisions of both Agreements, WTO jurisprudence and guidelines issued by international standardising bodies, among other topics.

This thesis examines the impacts and implications of post-1995 linkages between the Codex Alimentarius Commission and the World Trade Organization. Chapters 1 and 2 provide data on the structures, functions, and procedures of the Codex Commission and the WTO and analyze their institutional approaches to risk, danger, risk management and the precautionary principle. Chapter 3 evaluates three impacts of post-1995 linkages between these institutions (the politicization of the Codex Commission, deadlock in the Codex standard elaboration process, and dispute in the WTO) as well as three implications of that linkage (risk v. danger assessment and management, changed interpretations of "science," and changed interpretations of "consensus"). Finally, Chapter 4 applies these impacts and implications to food safety cases. This chapter establishes a framework for understanding issues of food safety, Codex standard elaboration, and WTO dispute settlements in terms of scientific and political consensus and debate. This thesis argues, first, that the post-1995 linkage between the Codex Commission and the WTO changed Codex member state expectations and behaviors relative to standard elaboration procedures and that these changed expectations impacted both member state governments and the WTO. It further demonstrates that the extent of the Codex Commission's ability to elaborate universal standards and the WTO's responsibility for dispute settlement can be explained in terms of scientific and political dispute and consensus. Finally, it illustrates that risk and danger are different concepts, require different food safety approaches, and generate different institutional and national reactions. This analysis addresses existing critiques of the Codex Commission, the WTO, and their post-1995 linkages, examines the potential of both institutions to simultaneously pursue consumer safety and open trade objectives, and points to avenues for future research. / Master of Arts

This dissertation examines the tension inherent in the relationship between the Economic Community of West African States (ECOWAS) as Member States Parties of the GATT/WTO and the GATT/WTO regime. It focuses specifically on the tension triggered off by the requirements of Article I – the Most-Favoured-Nation principle (MFN) and Article III – the National Treatment principle (NT) GATT 1994. It shows that while the non-discrimination principles are meant to promote trade liberalisation and economic growth, they produce the opposite effect in developing and least developed countries like ECOWAS and aggravate the tension between those countries and the WTO. It argues that the MFN is used to deny market access to the developing countries by exposing them to stiff but unequal competitive conditions and the NT to deny national governments the policy space to protect and promote national industries, employment and economic growth. It challenges the general assumption that the MFN and the NT are good and in the interest of all the WTO Members and rather identifies them as lynch-pins of economic development in the ECOWAS region. It also shows, contrary to the assumption of non-participation, how the ECOWAS High Contracting Parties are adapting their trading systems and harmonising their laws to the key provisions of Articles I and III of the GATT. It shows that the principles of non-discrimination are the outcome of the standard-setting procedures legally formulated as the SPS and TBT Agreements which favour the developed countries and how the Dispute Settlement Body has rejected the ‘aims-and-effect’ approach, taken a literal approach, overly emphasising trade liberalisation to the neglect of market access and economic development. This dissertation concludes that it is pre-mature for ECOWAS to assume Articles I and III obligations and recommends using the provisions of Article XXIV to build up effective influence through regional organisations and incrementally uniting to transform the GATT.

<p><font face="Times New Roman"> <p align="left">This study examines the legal and policy objectives of the World Trade Organisation (WTO) Agreement on Technical Barriers to Trade (TBT) with specific reference to international standards and the International Organisation for Standardisation (ISO). The study sets out the history and development of the TBT Agreement and the relationship between the TBT Agreement and selected WTO Agreements. The study also explores the application and interpretation of the TBT Agreement under the WTO dispute settlement system. More importantly, the study addresses the legal, policy and practical implications of the TBT Agreement for Least Developed Countries (LDCs) in Africa. A central argument put forward in this study is that, albeit international standards have been recognised as an important tool for LDCs in Africa to gain access to foreign markets, there is no significant &lsquo / political will&rsquo / and commitment from the key players in standardisation work, that is, the national governments, the private sector and the ISO. At the same time, some developed and developing countries tend to use their influence and involvement in the activities of the ISO as a means of promoting the use and adoption of their homegrown standards. The study proposes, among others, that a more participatory approach which encompasses representatives from consumer groups, the private sector and non-governmental organisations (NGOs) from these LDCs in Africa, should be adopted.</p> </font></p>

<p><font face="Times New Roman"> <p align="left">This study examines the legal and policy objectives of the World Trade Organisation (WTO) Agreement on Technical Barriers to Trade (TBT) with specific reference to international standards and the International Organisation for Standardisation (ISO). The study sets out the history and development of the TBT Agreement and the relationship between the TBT Agreement and selected WTO Agreements. The study also explores the application and interpretation of the TBT Agreement under the WTO dispute settlement system. More importantly, the study addresses the legal, policy and practical implications of the TBT Agreement for Least Developed Countries (LDCs) in Africa. A central argument put forward in this study is that, albeit international standards have been recognised as an important tool for LDCs in Africa to gain access to foreign markets, there is no significant &lsquo / political will&rsquo / and commitment from the key players in standardisation work, that is, the national governments, the private sector and the ISO. At the same time, some developed and developing countries tend to use their influence and involvement in the activities of the ISO as a means of promoting the use and adoption of their homegrown standards. The study proposes, among others, that a more participatory approach which encompasses representatives from consumer groups, the private sector and non-governmental organisations (NGOs) from these LDCs in Africa, should be adopted.</p> </font></p>

產品標準在現今社會中扮演非常重要的角色，但也容易造成許多技術性貿易障礙。醫藥產品由於攸關人類身體的健康及安全，因此相較於其他行業，各國對藥品皆設有許多嚴格的產品標準及技術法規，對藥品的國際貿易產生嚴重的技術性貿易障礙。PIC/S制定共通的GMP標準，並且旨在降低醫藥產品在國際貿易及流通上所面臨的非關稅貿易障礙。台灣藥物食品檢驗局於2007年公告實施PIC/S GMP，預計於2013年開始全面實施。本研究關注的核心議題，主要將以WTO對技術性貿易障礙的主要規範原則，分析探討PIC/S降低醫藥產品技術性貿易障礙的功能。另外，台灣製藥業由於缺乏關鍵技術、藥廠家數眾多、生產規模小，惡性競爭十分激烈，未來實施PIC/S GMP後，對我國製藥業的衝擊不容小覷，因此本研究另一項主要議題是PIC/S GMP對我國製藥業及藥品貿易之可能影響。 / Product standards play an important role in modern societies. However, they also raise many concerns about technical barriers to trade, particularly for pharmaceutical products which must comply with numerous stringent product standards, such as GMP standards. Therefore, PIC/S aims at reducing the technical barriers to pharmaceutical trade by providing a common GMP standard, which the Bureau of Food and Drug Analysis of Taiwan declared to introduce PIC/S GMP in 2007, and to fully enforce in 2013. This study will examine how PIC/S decreases technical barriers to trade for pharmaceutical products with principals in the WTO TBT Agreement. In addition, since Taiwan pharmaceutical industry has low competitiveness for a long time, how PIC/S GMP will affect the pharmaceutical industry and international trade of Taiwan is another main issue of this study.

Made available in DSpace on 2016-04-26T20:22:35Z (GMT). No. of bitstreams: 1 Marina Amaral Egydio de Carvalho.pdf: 2338211 bytes, checksum: 7f8ff1b67d179ab37fbeef8b2359b658 (MD5) Previous issue date: 2014-02-17 / preferential trade agreements negotiated by South Africa, Brazil/Mercosur, China, U.S.A, India, Russia and the European Union. Such an analysis is relevant mostly because, after the creation of the WTO and of the Agreement on Technical Barriers to Trade (TBT), several preferential trade agreements were negotiated, thus, extending or creating new rules on technical barriers its signatory countries. This study suggests some conclusions on how Brazil could negotiate this subject in future preferential trade agreements. Additionally, it suggests patterns and standards that may followed in future negotiations with the abovementioned countries. One of the scope of the work was to analyze how preferential trade agreements are related to the TBT Agreement, which are the similarities between the group of agreements analyzed, which were the new topics regulated in the trade agreements when compared to the WTO, which are the preferred policies of the subject countries and how Brazil could take advantage of this empirical analysis in future negotiations. The main purpose of this work is to encourage Brazil to develop a trade policy for negotiation of this specific topic, which may be actually followed and that, unless this is the actual trade objective of the negotiation, is not translated as a mere repetition of rules already in place / Esse trabalho analisa as regras sobre barreiras técnicas ao comércio constantes nos acordos preferenciais de comércio celebrados por África do Sul, Brasil/Mercosul, China, EUA, Índia, Rússia e União Europeia. Essa analise é relevante porque, após a criação da OMC e do Acordo sobre Barreiras Técnicas (TBT), diversos acordos preferenciais foram concebidos, estendendo ou aplicando novas regras sobre barreiras técnicas aos países partes dos acordos. Esse estudo sugere ponderações sobre como o Brasil pode negociar este tema em futuros acordos preferenciais de comércio. Principalmente, sugere padrões e similitudes que poderão ser observadas em negociações com os países acima mencionados. Durante esse trabalho analisou-se como os acordos preferenciais de comércio se relacionam com o Acordo TBT, quais as semelhanças entre os grupos de acordos analisados, quais os avanços regulatórios se comparados com as políticas previstas no acordo da OMC, quais as políticas preferidas dos países objeto do trabalho e como o Brasil pode aproveitar dessa análise empírica para se beneficiar em negociações futuras. O maior propósito desse trabalho é incentivar o Brasil a conceber uma política comercial de negociação, especifica para o tema de barreiras técnicas ao comércio, que possa ser aproveitada e que não se traduza pela mera repetição de normas já vigentes, a menos que este seja o efetivo objetivo comercial proposto

Magister Legum - LLM / This study examines the legal and policy objectives of the World Trade Organisation (WTO) Agreement on Technical Barriers to Trade (TBT) with specific reference to international standards and the International Organisation for Standardisation (ISO). The study sets out the history and development of the TBT Agreement and the relationship between the TBT Agreement and selected WTO Agreements. The study also explores the application and interpretation of the TBT Agreement under the WTO dispute settlement system. More importantly, the study addresses the legal, policy and practical implications of the TBT Agreement for Least Developed Countries (LDCs) in Africa. A central argument put forward in this study is that, albeit international standards have been recognised as an important tool for LDCs in Africa to gain access to foreign markets, there is no significant ‘political will’ and commitment from the key players in standardisation work, that is, the national governments, the private sector and the ISO. At the same time, some developed and developing countries tend to use their influence and involvement in the activities of the ISO as a means of promoting the use and adoption of their homegrown standards. The study proposes, among others, that a more participatory approach which encompasses representatives from consumer groups, the private sector and non-governmental organisations (NGOs) from these LDCs in Africa, should be adopted

Magister Legum - LLM / It has been held that agricultural domestic support would not be such a contentious issue if its only effect was the benefit of local farmers, but this is not the case.1 It was found that several forms of domestic support have the effect of distorting the patterns of agricultural production and trade at an international level, leaving non-supported farmers elsewhere worse off.2 It was thus concluded that such support measures may indeed nullify the benefits which accrue from trade liberalisation and explains how the AoA3 regulates these measures in a way that reduces their trade distorting effects.4 It has been noted that the agricultural sector only accounted for a small percentage of the developed world's Gross Domestic Product {GDP}, yet the regulation of international agricultural trade was not an easy task.5 Smith explains that numerous attempts were made to implement some form of regulation, including a half-hearted effort in the General Agreement on Tariffs and Trade (GATT) and the subsequent AoA upon the creation of the WTO in 1995.6 According to Smith, the successful regulation of international agricultural trade remained elusive, despite Desta MG and McMahon JA explain that the WTO is not very concerned with countries that provide domestic support to their agricultural sectors, as this only matters to the extent that it hopes for liberalising trade in the sector.7 affects trade in that sector.8 It is further observed that the AoA balances out the freedom to provide domestic support with the need to reduce or eliminate the trade distortive effects thereof and note that the AoA has essentially made all forms of domestic support more transparent and easier to deal with.9 A party is therefore unlikely to be challenged, successfully, if domestic support is given in accordance with the provisions of the AoA.10 The aforementioned views only seem to address the merits of the AoA and the way in which it regulates the use of agricultural subsidies. It should however be noted that the literature fails to address the fact that the WTO has not enforced the provisions of the AoA very effectively against the EU and the USA, in light of the continued misuse of subsidies within both parties. In this regard it must be ascertained whether the WTO should impose stricter penalties as a means to deter its member states, especially the EU and USA, from using subsidies in an abusive way. In addition to this, it must be determined which types of penalties can and should be imposed.