ABSTRACT

Technical barriers to trade, and sanitary and phytosanitary measures are the most relevant non-tariff barriers. They are necessary to ensure that goods comply with certain standards and that they are not harmful for consumers, animals and plants. While tariff barriers already exist, world trade organization (WTO) rules limit them to bound tariffs and, more generally, they are no longer a big issue. Recognizing that private standards generate not only benefits but also threats to the multilateral trade system, the WTO has led some discussions and proposed possible legal amendments to the legal rules. So far, the results are disappointing. Private standards might also be in fashion because of a "lack of public confidence in regulatory agencies, the legal requirements on companies to demonstrate 'due diligence' in the prevention of food safety risks, a growing focus on 'corporate social responsibility' and the global expansion of food service companies."