Does Food Miles Labelling or Carbon Footprinting Lead to Discrimination against Imported Products?

0
Posted

Does Food Miles Labelling or Carbon Footprinting Lead to Discrimination against Imported Products?

0

Carbon footprinting and food miles labelling apply equally to imported and domestic products. Nevertheless, measures need not directly discriminate against imported products in order to breach art III:4. According to the WTO Appellate Body, ‘[w]hether or not imported products are treated “less favourably” than like domestic products should be assessed instead by examining whether a measure modifies the conditions of competition in the relevant market to the detriment of imported products’.[126] Thus in EC — Trademarks and Geographical Indications[127] European regulations that limited the legal protection for geographical indications in relation to imported agricultural products and foodstuffs by imposing more onerous requirements[128] upon exporting producers than those which applied to European Community producers were found to breach the national treatment principle embedded within GATT 1994 art III:4 as well as TRIPS Agreement art III:1.[129] Even so, it must be demonstrated that t

Related Questions