Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Product Labelling 15 Years On: The Role of the Judiciary

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

Many government labelling schemes, including those involving labour standards, human rights standards and environmental norms (including certain norms related to farming techniques) will now fall within the TBT Agreement and be subject to the rules governing technical regulations. Consumers will have greater opportunity to base purchasing decisions on processes and production methods used to produce a product. This does not mean the end of the trade system. Unfortunately, the Appellate Body was not always successful in clarifying the rationale behind its recent TBT decisions. It has reinterpreted the meaning of words in the TBT Agreement as it sees fit, but sometimes without adequate legal support or even open discussion of the issues and rationale involved. This means that Humpty Dumpty was right. His question in the WTO context is "which is to be the master"- the Members or the Appellate Body? The answer is almost always the Appellate Body.

Keywords: Appelllate Body; consumer; environmental norms; human rights standards; labelling schemes; product; TBT Agreement; WTO context



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Reflections on the Constitutionalisation of International Economic Law — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation