Gli accordi di reciproco riconoscimento di norme tecniche
Author(s)
Cimino, Benedetto
Date Issued
February 5, 2009
Type
Doctoral Thesis
Abstract
Differences between national technical regulations are now the main obstacles to the free trade of goods. These barriers could be created both by state laws and regulations or certifications issued by private standard and conforrnity assessment bodies, which influence consumers and industries behaviors.
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Unlike E.U. regime, in the global space there is not a centraI institution which can handle the regulatory heterogeneity imposing harrnonization or equivalence duties, of standards and certification procedures.
The instruments used by intemational law are flexible, often non-binding, sectoral, and usuaIly based on mutuaI consent and joint negotiation between the actors involved. Thus the discipline results highly complex and multileveI.
At the highest level, we can find the World Trade Organization's agreements, in particular the Technical Barriers to Trade and Sanitary and Phitosanitary Agreement. They could be considered like a simple "umbrella agreements", because they only provide a generaI framework for future negotiations, and prevent abuses and misguided trade distortions.
The second level disciplines are provided for the MutuaI Recognition Agreements (Mra), which are established on a bilateral and negotiated basis. Through these agreements, States Parties shall define the conditions under which goods produced and certified on the basis of standards and procedures of the home country, may be legally marketed in the host country. These agreements introduce complex administrative procedures through which conforrnity assessment bodies are authorized to issue certificates with extraterritorial effects.
At a third level, finaIly, there are the Multi-Lateral Recognition Arrangements (MIa). These agreements operate in the sector ofvoluntary standards; contracting parties are hybrid or private bodies, which oversee the national accreditation system of certification bodies and laboratories. Unlike Mra, the MIa are managed by multilateral organizations, and they are based on peer review.
These levels do not operate in c1inical isolation. In fact, there is a fertile system of mutuaI references and links, of norrnative, procedural and organizational character, which is the heart ofthe recognition system.
Through these connections, the global legai order ensures the proper allocation of regulatory and administrative functions strengthens judicial and procedural safeguards for the individuals, increases the overall degree of legitimacy and control over the decisions taken.
Additional information
Dottorato di ricerca in Diritto dei contratti pubblici e privati
Subjects
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