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Clearing the fog: Forest Stewardship Council labelling and the World Trade Organization

Du, Ming (2021) 'Clearing the fog: Forest Stewardship Council labelling and the World Trade Organization.', Review of European, comparative & international environmental law ., 30 (1). pp. 81-94.

Abstract

This article aims to clarify three long-standing puzzles concerning the place of private standards in the World Trade Organization (WTO) through the lens of FSC labelling. The first question is whether the FSC label falls within the regulatory scope of the Agreement on Technical Barriers to Trade (TBT Agreement). The second question is the extent of WTO member States’ obligations under the TBT Agreement if the FSC is an active standardizing body in their territories. The third question asks whether the FSC standard may qualify as an ‘international standard’ as defined in the TBT Agreement and thus may exert quasi-legislative effects on WTO members’ national forest conservation laws and regulations. A detailed case study of the relationship between the FSC labelling and the TBT Agreement shows that the answers to these questions are much more nuanced than the existing scholarship suggests.

Item Type:Article
Full text:Publisher-imposed embargo until 10 November 2022.
(AM) Accepted Manuscript
File format - PDF
(489Kb)
Status:Peer-reviewed
Publisher Web site:https://doi.org/10.1111/reel.12373
Publisher statement:This is the peer reviewed version of the following article: Clearing the fog: Forest Stewardship Council labelling and the World Trade Organization, which has been published in final form at https://doi.org/10.1111/reel.12373. This article may be used for non-commercial purposes in accordance with Wiley Terms and Conditions for Use of Self-Archived Versions.
Date accepted:19 October 2020
Date deposited:21 October 2020
Date of first online publication:10 November 2020
Date first made open access:10 November 2022

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