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The Who Framework Convention On Tobacco Control As An International Standard Under The Tbt Agreement?, Lukasz A. Gruszczynski
The Who Framework Convention On Tobacco Control As An International Standard Under The Tbt Agreement?, Lukasz A. Gruszczynski
Lukasz A Gruszczynski
In this article Lukasz Gruszczynski argues that there are good grounds for considering the Guidelines to the Framework Convention on Tobacco Control (‘FCTC’) relevant international standards under the Agreement on Technical Barriers to Trade (‘TBT Agreement’). The structure of the article is as follows: (1) Part I provides an overview of the relevant sections of the TBT Agreement and its ambiguities with respect to defining an international standard; (2) Part II sets out the aims, purpose and governance structure of the FCTC; (3) In light of the overviews of the TBT Agreement and the FCTC, Part III then considers whether …
Re-Tuning Tuna? Appellate Body Report In Us – Tuna Ii, Lukasz A. Gruszczynski
Re-Tuning Tuna? Appellate Body Report In Us – Tuna Ii, Lukasz A. Gruszczynski
Lukasz A Gruszczynski
Under the TBT Agreement, a labelling requirement can be qualified as a technical regulation, and not as a standard, even if it does not constitute a precondition for placing a product for sale on the relevant market. Examination of “no less favourable treatment” under Article 2.1 requires determining whether a measure modifies the conditions of competition in the relevant market to the detriment of imported like products, and whether such detrimental impact stems exclusively from a legitimate regulatory distinction rather than reflecting discrimination against the group of imported like products. The evaluation of whether a measure is more trade-restrictive than …