General Agreement on Tariffs and Trade: Hearing Before the Committee on Labor and Human Resources, United States Senate, One Hundred Third Congress, Second Session, on the Implications of the General Agreement on Tariffs and Trade, November 23, 1994 (Boston, MA).U.S. Government Printing Office, 1995 - 134 páginas Distributed to some depository libraries in microfiche. |
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Página 82 - For this purpose, technical regulations shall not be more trade-restrictive than necessary to fulfil a legitimate objective, taking account of the risks non-fulfilment would create. Such legitimate objectives are, inter alia: national security requirements; the prevention of deceptive practices; protection of human health or safety, animal or plant life or health, or the environment.
Página 81 - Member shall avoid arbitrary or unjustifiable distinctions in the levels it considers to be appropriate in different situations, if such distinctions result in discrimination or a disguised restriction on international trade.
Página 83 - ... would be an ineffective or inappropriate means for the fulfillment of the legitimate objectives pursued, for instance because of fundamental climatic or geographical factors or fundamental technological problems (30).
Página 86 - Members shall ensure that technical regulations are not prepared, adopted or applied with a view to or with the effect of creating unnecessary obstacles to international trade.
Página 80 - Scientific basis" is defined in Article 724 as "a reason based on data or information derived using scientific methods." The question will not be whether the measure is based on the "best" science or the "preponderance" of science or whether there was conflicting science.
Página 75 - The Uruguay Round's principal standards provisions are found in the Agreement on the Application of Sanitary and Phytosanitary ("SPS") Measures, which addresses...
Página 86 - Technical regulations shall not be maintained if the circumstances or objectives giving rise to their adoption no longer exist or if the changed circumstances or objectives can be addressed in a less trade-restrictive manner.
Página 94 - The binding provisions setting out the WTO's functions and scope do not incorporate any environmental, health, or labor rights considerations. In fact, the only reference to the environment is in the rhetoric of the preamble to the WTO, which does not have the binding legal effect on the substantive provisions of the agreement. Labor rights is not mentioned in the preamble at all. Thus, the WTO text would establish a powerful new international institution whose mandate looks backwards to an era when...
Página 62 - Each Member shall ensure the conformity of its laws, regulations and administrative procedures with its obligations as provided in the annexed Agreements.
Página 89 - The Uruguay Round also requires that countries make all other member countries subject to the same food safety inspection procedures. This is so even if there has been a legitimate reason for treating the country differently. For example, special inspection procedures have been established more Mexican produce because it has higher DDT residues than domestic produce and " GATT Implementing Legislation at Section 731.