City Research Online

Abstract

Non-tariff barriers (NTBs) have been understood to contribute more than tariffs to overall market access trade restrictiveness. In the international law of economic integration, NTBs can be very diverse including: (1) import controls, (2) state aid and subsidy measures, (3) public procurement and localisation policies and (4) other NTBs, which include Sanitary and Phytosanitary Standards (SPS), Technical Barriers to Trade (TBT) and capital controls. A growing share of modern trade policy is thus shaped by NTBs. Different types of NTBs affect trade to a different extent – it is increasingly shown how behind-the-border measures, showing that they lower the importer’s market access. NTBs can be very diverse including (1) import controls, (2) state aid and subsidy measures, (3) public procurement and localisation policies and (4) other NTBs, which include SPS, TBT and capital controls. There is no multilateral instrument that would allow a global overview of all perceived ‘barriers’ affecting world trade in goods nor the manner in which they evolve over time. GATT and WTO law limit themselves to regulating state measures and many such issues have been tested in the dispute settlement mechanism. This situation creates uncertainty on what are the emerging problems or trends that may need to be tackled by the multilateral trading system. Trade in Goods faces many systemic design problems.

Publication Type:	Book Section
Publisher Keywords:	Goods, International economic law, Non-tariff barriers, Market access, NTB, Trade in goods
Subjects:	J Political Science > JN Political institutions (Europe) J Political Science > JX International law K Law > KD England and Wales
Departments:	The City Law School The City Law School > Academic Programmes The City Law School > Institute for the Study of European Laws The City Law School > International Law and Affairs Group
SWORD Depositor:	Symplectic Administrator

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