Lawrence A. Kogan on The Philippines Breastmilk Substitute/Supplement Marketing Framework Violates WTO Law (Part 1 of 2) (PDF)
Select a format
This article has been divided into two parts. Part 1 will analyze these restrictions under the terms of the Technical Barriers to Trade ("TBT") Agreement, focusing on how the PH BMS Framework's non-food safety-related marketing, labeling and trademark-use restrictions are more trade-restrictive and trademark-encumbering than necessary to achieve legitimate public policy objectives, considering the risks nonfulfillment would create.
Lawrence A. Kogan is President/Director of the Institute for Trade, Standards and Sustainable Development (ITSSD), a Princeton, NJ-based nonpartisan nonprofit legal research, analytics, and educational organization. The ITSSD examines international laws and policies relating to trade, industry, and positive sustainable development around the world. He also is founder and Managing Principal of The Kogan Law Group, P.C., a New York City–based multidisciplinary professional services firm specialized in identifying and addressing emerging regulatory, policy, and trade risks posed to multinational company assets, operations, and supply chains. Mr. Kogan currently serves as a vice-chair of the International Trade Committee of the Inter-Pacific Bar Association, and formerly served on the international trade committee of the Association of the Bar of the City of New York, as adjunct professor of international trade law and policy at the Seton Hall University Whitehead School of Diplomacy and International Relations, and as adviser to the National Foreign Trade Council and its membership concerning the interplay between international trade rules and food safety, health and environmental regulations.
Ask the LexisNexis experts - and get a complete answer based on today's law.
An authoritative analysis of important cases, codes, statutes, rulings, emerging issues or legal topics is available now - through LexisNexis Emerging Issues Analysis. The brain trust of LexisNexis authors - thousands of recognized authorities who develop the respected Matthew Bender®, Mealey's and Martindale-Hubbell® treatises and articles - produce this highly specific content. Each commentary covers an important case, code, statute, ruling or emerging issue such as subprime, nanotechnology, or climate change. More current and concentrated than treatises and more analytical than news, Emerging Issues Analysis bridges the information gap between the two, providing quick expert analysis of current developments in law.
Emerging Issues Analysis PDFs should be purchased individually or accessed through Lexis.com if you have a subscription.