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. Sandy Hannibal

Publications

  1. Higher Wages in Exporting Firms
  2. Vibration analysis based on the spectrum kurtosis for adjustment and monitoring of ball bearing radial clearance
  3. Effects on the (CSR) Reputation
  4. 3D Simulation of Electric Arcing and Pressure increase in an Automotive HVDC Relay During a Short Circuit Situation
  5. Exports and productivity growth
  6. Balanced scorecard and controllability at the level of middle managers
  7. QUANT - Question Answering Benchmark Curator
  8. From Allegiant to Assertive Citizens
  9. Feature selection for density level-sets
  10. Assessing the Bonding Interface Characteristics and Mechanical Properties of Bobbin Tool Friction Stir Welded Dissimilar Aluminum Alloy Joints
  11. Aboveground overyielding in grassland mixtures is associated with reduced biomass partitioning to belowground organs
  12. Artificial neural network for correction of effects of plasticity in equibiaxial residual stress profiles measured by hole drilling
  13. Semi-polar root exudates in natural grassland communities
  14. Using rating scales for the assessment of physical self-concept
  15. Perceptions of Organizational Downsizing
  16. Model of mobility demands for future short distance public transport systems
  17. Process limits of extrusion of multimaterial components
  18. Steady State Detection for the Context Aware Evaluation of Vital Signs
  19. Where there is no World and no Epoch
  20. Introduction
  21. Problem Definition and Agenda-Setting in Critical Perspective
  22. Validation of an online imitation-inhibition task
  23. The 1986 Principles Relating to Remote Sensing of the Earth from Outer Space (RS Princi­ples)
  24. Rating Player Actions in Soccer
  25. Linking concepts of change and ecosystem services research: A systematic review
  26. Two model formulations for gradient crystal plasticity
  27. Material utilization of organic residues
  28. Augmented space: Real, virtual and symbolic spaces, a workshop held at the Universitat Luneburg, Germany, July 2000
  29. Feel the Music! Exploring the Cross-modal Correspondence between Music and Haptic Perceptions of Softness
  30. Can adults learn L2 grammar after prolonged exposure under incidental conditions?
  31. Understanding Societies from Inside the Organisms