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Journal of International Economic Law 2002 5(3):719-746; doi:10.1093/jiel/5.3.719
© 2002 by Oxford University Press
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Social Labelling and WTO Law

Carlos Lopez-Hurtado1

1 The Graduate Institute of International Studies, Geneva, visiting at Lincoln College, University of Oxford

This paper discusses the legality of government-sponsored social labelling initiatives under the WTO agreements. It first presents the basic characteristics, potential and shortcomings of those initiatives and the drive towards government sponsorship as a way to correct the shortcomings. It then moves on to analyse these initiatives under the relevant GATT and TBT Agreement provisions. The article argues that regulatory measures that establish social labelling schemes may be analysed under Article III of GATT and also under the provisions of the TBT agreement. Although in certain circumstances those initiatives may be found inconsistent with those provisions, if such regulations rely on international standards, such as those agreed in the International Labour Organization, they may stand the best chance of being consistent with the substantive provisions of the agreements and/or the exception of GATT Article XX.


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