This provocative study investigates the question of whether, and to what extent, stringent EC process or production standards affect regulatory standards in the US and Canada through their effects on trade.
Four highly controversial issues -- animal trapping methods, beef growth hormones, genetically modified foods and food products, and protection of personal information in data transfers -- are examined in great detail.
The author combines legal research (EC regulations and directives, WTO cases, national and international regulatory standards and exceptions, records of negotiation and arbitration, and other sources), political and economic analysis, and information and insights gained from 67 personal interviews with officials and representatives of several types of interest groups.
The result is a forceful and convincing portrayal of how the major powers are dealing with this most fundamental and complex problem affecting international trade today.
This timely study is of extraordinary value in its potential to elucidate comparable manifestations of this fundamental problem in a wide variety of cases, issue areas, and countries, and in its interdisciplinary approach. As such it will be valuable to all lawyers, policymakers, and scholars in the field of international trade and regulatory politics.
- Introduction and research problem.
1.1. Internationalisation and domestic regulation.
1.2 Overview of this study.
1.3. The California effect.
1.4. The research problem.
1.5. The research design and the use of theory.
1.6. Outline of the book
- A theoretical framework.
2.1. Introduction.
2.2. International bargaining.
2.3. Domestic politics and international bargaining.
2.4. The interaction between international and domestic politics.
2.5. Summary and hypotheses
- The European leghold trap regulation.
3.1. Introduction and background.
3.2. The European ban.
3.3. The potential impact of the European Regulation on the US and Canada.
3.4. Compatibility with GATT/WTO law.
3.5. Negotiating an agreement.
3.6. The implementation of the agreements and further domestic developments.
3.7. Conclusions
- The European ban on the use of growth-hormones in meat production.
4.1. Introduction and background.
4.2. The European ban on the use of growth-hormones.
4.3. The initial situation in the US and Canada and early developments.
4.4. International developments and the WTO cases.
4.5. The process after the WTO cases.
4.6. Conclusions
- Genetically modified foods and food products.
5.1. Introduction and background.
5.2. The initial situation in the US and Canada.
5.3. The European regulation of GM foods.
5.4. International developments.
5.5. Reactions in the US and Canada.
5.6. Conclusions
- The European data protection directive.
6.1. Introduction and background.
6.2. The EC data protection Directive.
6.3. The European Directive and international trade law.
6.4. The European Directive and the US.
6.5. The European Directive and Canada.
6.6. Conclusions
- Summary and conclusions.
7.1. The eight cases and their outcomes.
7.2. Explaining the outcomes.
7.3. Generalising the conclusions to other cases