Title: Import (toy) safety, consumer protection and the WTO Agreement on Technical Barriers to Trade: prospects, progress and problems

Authors: Uche U. Ofodile

Addresses: University of Arkansas School of Law, 1045 Maple Street, Fayetteville, AR 72701, USA

Abstract: Given increased concerns about the safety of imported toys, is a total or partial ban on toy imports an option under prevailing global trade rules? Specifically, can governments unilaterally adopt new technical regulations that introduce higher safety standards for toys? This paper examines the legal implications of a direct or indirect ban on toy imports. Analysis is carried out through the framework of the Agreement on Technical Barriers to Trade of the World Trade Organization. Does the TBT Agreement restrict democratic control over product standards thus jeopardising public health and welfare? Or, does the TBT Agreement afford countries adequate flexibility to manage risks to human health and safety from tainted imports even while guarding harmful barriers to global trade? The question arises because technical regulations and standards implicate international trade law and international human rights law. This paper highlights the tension between trade liberalisation and health and safety.

Keywords: World Trade Organization; WTO; Agreement on Technical Barriers to Trade; TBT Agreement; product recalls; imported toys; toy safety; technical regulations; toy imports; international trade law; international human rights; trade liberalisation; legal implications; toy ban; product standards; public health; public welfare.

DOI: 10.1504/IJPL.2009.022326

International Journal of Private Law, 2009 Vol.2 No.2, pp.163 - 184

Published online: 01 Jan 2009 *

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