AStudyonEco-labellingastheTradeMeasureto-育达机构典藏.docVIP

《 育 達 科 大 學 報 》 第23期，民國99年6月，第173-210頁 Yu Da Academic Journal Vol.23, June 2010, pp. 173-210 A Study on Eco-Labelling in Fisheries Products as Trade Measure in International Trade Law Yi Chou＊ Abstract Fisheries products have always been regarded as products lacking eco-labels, which not only contravene the right to know of customers but also indirectly encourages inappropriate fishing methods. When a country advocates and promotes the conservation of natural resources and applies eco-labels to certain products to publicize and transmit significant messages, products with such eco-labels may enjoy comparative advantage in the market, which, under the circumstances, may cause non-tariff barriers to trade when it comes to imports introduced to the domestic market. In order to determine whether eco-labels will become the obstruction to entering markets, first, we should identify if the leading role is sponsored by the government or supported by other public laws in that financial support should be given from the government budget since the primary mission is to push the progress of a national task even though the executer is a non-governmental institution. Second, we need to examine if such measure is applicable both domestically and overseas and if it meets the principles of national treatment and most-favored-nation treatment. From the perspective of resources conservation, life-cycle analysis and PPMs are both essential criteria for the acquirement of eco-labels. From the perspective of trade, the standards for acquiring eco-labels must comply with the regulations set forth in the Annexes of TBT Agreement. The article of accounts for the fact that labeling can be based on something other than on life cycle analysis as indicated in the TBT Agreement. Furthermore, not every labeling is based on PPMs and life cycle analysis does not necessarily cover PPMs. Fishing gears and practices each are a link of the process and each shall be adjusted to suit conditions. Therefo