CHAPTER 10

CHAPTER 10 - International Trade Law Chapter 10 CHAPTER 10...

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International Trade Law Chapter 10 CHAPTER 10 LAWS GOVERNING ACCESS TO FOREIGN MARKETS I. Technical Barrier to Trade (1 st side agreement) A. Technical Regulation - law affecting a product’s characteristics that must be met prior to importation 1. Deals with design, performance, construction, chemical, composition, packaging, labeling, and materials 2. We can intentionally set it too high to restrict foreign trade B. GATT Restrictions on Technical Regulations (requirements) 1. PNTR applies to technical regulation 2. Transparency - ability to discover the applicable laws; technical regulation must be published 3. National Treatment - treat domestic same as foreign 4. Scientific Basis 5. Reasonable time for enforcement (cannot be overnight!) 6. DSU over technical regulations 7. States encourage to use internationally recognized standards 8. All WTO members must participate 9. Note: Goal is to reach uniformity according to WTO II. Government Procurement (2 nd side agreement) A. Government Procurement - where the government is the customer; governments are among the largest business customers and are permitted an exception from its national treatment for gov’t procurement, allowing gov’t to favor domestic
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CHAPTER 10 - International Trade Law Chapter 10 CHAPTER 10...

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