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A Legal Framework in Support of Regulatory Quality
Published online by Cambridge University Press: 28 April 2020
This part gives an overview of the core legal disciplines of the SPS and TBT Agreements, the transparency obligations and related practices that have developed, as well as the provisions enabling regulatory dialogue and co-operation. It demonstrates that the legal and institutional disciplines of the SPS and TBT Agreements set the ground for a Member-driven implementation process. Because the substantive obligations remain part of ‘incomplete contracts’ with limited information necessary for their operation, the transparency obligations and related committee practices enable regulatory dialogue as a way for Members to work together towards the most appropriate domestic measures. Ultimately, the robust transparency framework of the Agreements places the Members as guardians of legality of each others’ domestic regulations and allows them to cooperate to ensure effective implementation.
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