Lawrence Kogan on Hong Kong's Draft Infant Formula & Complementary Foods Marketing Code Violates WTO Law (Part 2 of 3) (PDF)
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Part 1 discussed how food safety provisions of the Hong Kong Code on infant formula and food products violate the WTO Sanitary and Phytosanitary Agreement. Although HK Code provisions may qualify as non-SPS measures, they may not fall within the scope of the WTO TBT Agreement. Part 2 discusses how such provisions are de facto "technical regulations" under the TBT Agreement but violate the TBT as unnecessary obstacles to trade.
Lawrence A. Kogan, Esq. is Managing Principal of The Kogan Law Group, P.C., a New York City-based multidisciplinary legal services firm, and President/Director of the Institute for Trade, Standards and Sustainable Development (ITSSD) (www.itssd.org) that is a globally recognized NGO for reporting and analysis of the growing influence of evolving foreign and international public interest rules on private property rights and the American free enterprise and common law systems.
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