Implementing the No Harm Principle in International Economic Law: A Comparison between Measure-Based Rules and Effect-Based Rules

Research output: Journal contributionsJournal articlesResearchpeer-review

Authors

The regulatory nature of measure-based rules is distinctively different from that of effect-based rules. While a breach of a measure-based rule is determined by the actual measure, in effect-based rules a breach is to be determined against the actual effects of the measure. Effect-based rules can be regarded as implementing the no harm principle that proscribes measures to cause adverse effects to other states, while seeking to reconcile colliding interests on a practical level and taking into account the detrimental effects created for others. Measure-based rules, being the norm in the jurisprudence of the World Trade Organisation (WTO) are to be examined by panels and the Appellate Body in light of the architecture, structure and design' of a measure: It is not necessary to demonstrate the occurrence of adverse effects. In contrast, the regulatory framework dealing with the harmful effect of measures is located, especially, in the rules governing non-violation complaints and within the rules on actionable subsidies. While most WTO obligations may clearly be categorized as either measure-or effect-based rules, certain rules or at least their interpretation seem to blur the line between these two categories. This article examines and discusses both regulatory types and ultimately argues that, while measure-based rules provide for more regulatory stringency, effect-based rules leave greater policy-space and can succeed in breaking deadlocks in negotiations under certain circumstances. In such circumstances, they may therefore support the further development of certain yet under-regulated areas of international economic law.

Original languageEnglish
JournalJournal of International Economic Law
Volume20
Issue number4
Pages (from-to)807-828
Number of pages22
ISSN1369-3034
DOIs
Publication statusPublished - 01.12.2017
Externally publishedYes

    Research areas

  • Law

DOI

Recently viewed

Researchers

  1. Antoni Barceló

Publications

  1. In search of maturity models in agritechs
  2. Steady State Detection for the Context Aware Evaluation of Vital Signs
  3. Linking concepts of change and ecosystem services research: A systematic review
  4. Feel the Music! Exploring the Cross-modal Correspondence between Music and Haptic Perceptions of Softness
  5. A target costing approach to developing an online distribution channel
  6. Correction to
  7. Gemeinsam lernen mit Selbstlernprogrammen
  8. Environmental performance, carbon performance and earnings management
  9. Utilization of organic residues using heterotrophic microalgae and insects
  10. The effects of an active development of the mental model in the training process
  11. Corrosion behaviour of as-cast ZK40 with CaO and Y additions
  12. Unsettling bodies of knowledge
  13. Managing Biodiversity Correctly
  14. Problems in Mathematizing Systems Biology
  15. Exploring the Capacity of Water Framework Directive Indices to Assess Ecosystem Services in Fluvial and Riparian Systems
  16. Introduction: Perspectives on Democracy
  17. Drivers of within-tree leaf trait variation in a tropical planted forest varying in tree species richness
  18. A new approach to semantic sustainability assessment
  19. Provisions for nullification of conservation and management measures in RFMO objection procedures
  20. Quantitative Bildtypenanalyse
  21. Active suspensions decoupling by algebraic feedback
  22. Hommage to the unknown viewers
  23. Dynamische Mathematik
  24. Article 71 CISG
  25. Microstructure, mechanical and corrosion properties of Mg-Gd-Zn alloys
  26. Behind the Scenes of Automation
  27. Introduction
  28. Initial hazard screening for genotoxicity of photo-transformation products of ciprofloxacin by applying a combination of experimental and in-silico testing
  29. Generalising IRT to Discriminate Between Examinees
  30. Environmental Fate and Exposure Modeling of Nanomaterials