Qualified market access: an economic, empirical and legal analysis

Holmes, Peter, Rollo, Jim, Dawar, Kamala and Mathis, James H (2016) Qualified market access: an economic, empirical and legal analysis. Journal of International Trade, 1 (1). pp. 47-71.

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Abstract

In the aftermath of the debate on trade and “collective preferences” launched by Pascal Lamy in 2004, this paper considers a proposal for non-product related production process measures developed within the European Parliament, which involved surcharges on the imports of products produced in ways which do not satisfy the EU’s rules mainly but not exclusively for agricultural commodities and in particular on animal welfare. The proposal called “Qualified Market Access” would also have made the revenues from surcharges available to exporting countries to finance compliance.

This paper discusses the philosophy behind this specific proposal to qualify market access and address consumer preferences and competitiveness concerns, as identified in a number of other actual and proposed measures, including the ban on seal fur imports into the EU and the ensuing challenge to this measure in the WTO Dispute Settlement Body. The paper contends that it cannot be ruled out that such a measure would be welfare improving if consumers have strong preferences regarding what other people consume, in which case labelling alone will not work and the case for such a proposal cannot be excluded a priori, even from a legal perspective. However, in reviewing the evidence, the paper concludes that there is no empirical evidence to support such a proposal.

Item Type: Article
Keywords: Trade, Standards, environment, labour rights, human rights, EU, qualified market access
Schools and Departments: School of Law, Politics and Sociology > Law
Subjects: H Social Sciences > HC Economic history and conditions > HC0079 Special topics, A-Z > HC0079.E5 Environmental policy and economic development. Sustainable development Including environmental economics
H Social Sciences > HD Industries. Land use. Labour > HD0072 Economic development. Development economics. Economic growth
K Law > K Law in General. Comparative and uniform Law. Jurisprudence > K0520 Comparative law. International uniform law
K Law > K Law in General. Comparative and uniform Law. Jurisprudence > K0520 Comparative law. International uniform law > K1000 Commercial law
K Law > K Law in General. Comparative and uniform Law. Jurisprudence > K0520 Comparative law. International uniform law > K3150 Public law
K Law > KJ Europe
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Depositing User: Kamala Dawar
Date Deposited: 04 Mar 2016 12:19
Last Modified: 26 Apr 2017 13:13
URI: http://sro.sussex.ac.uk/id/eprint/50838

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