The Legal Analysis of Private Standards under the WTO Agreements—Taking GlobalGAP Standard for Example

• Main Authors: Chang, Jen-Yi, 張仁憶
• Other Authors: Shih, Wen-Chen
• Format: Others
• Language: zh-TW
• Published: 2009
• Online Access: http://ndltd.ncl.edu.tw/handle/50558787052423162662

碩士 === 國立政治大學 === 國際經營與貿易研究所 === 97 === In recent years, all kinds of private standards have started to develop prosperously because consumers consider product safety more and more important. Although these private standards are not mandatory, the crowding out effect of markets causing by these standards still makes producers have to achieve relevant certification as far as possible. This situation causes anxiety about the possibility that private standards are de facto mandatory and create trade barriers. While developing countries have stated that GlobalGAP Standard makes bad influence on international trade in the SPS Committees since 2005, the legal issues about private standards become more and more important under WTO regime and need to be studied and discussed. In view of the fact that there are too many kinds of private standards, the thesis takes GlobalGAP Standard for example to discuss whether private standards shall be subject to the rules of WTO Agreements. In order to conduct careful examining and come up with suggestions of the influence on international trade which caused by private standards and the relationship between private standards and WTO, it is necessary to research into the connection between GlobalGAP Standard and WTO rules and the legality of this standard through explaining and analyzing relevant rules which involves the issue of private standards under the SPS Agreement, TBT Agreement, and GATT and to discuss the feasibility of finding the solution to relevant trade impact under WTO regime or other international fields.