Over the past several decades, the governance of food safety has been framed by various norms and actors at multiple levels, in particular the WTO and its Agreement on the Application of Sanitary and Phytosanitary Measures (SPS). The recent conclusion of the TPP/CPTPP negotiations in October 2015, however, represents a defining moment not only in trade liberalization, but also in food safety governance. Despite its unsettled future, the TPP/CPTPP in many ways serves as a crucial model as well as a major catalyst, leading to further transformation in the interactions between regulatory autonomy and international cooperation. While harmonization with international standards, scientific principle, risk analysis, and transparency still serve as the fundamental rubric of SPS cooperation, the cross-cutting of regulatory coherence rules, such as notice-and-comment requirements, cost-benefit analysis, and regulatory impact assessment, will come into play in significantly relevant and important ways. This chapter uses the TPP/CPTPP’s SPS Chapter as a vantage point to explore the transformation of food safety governance in the era of megaregionals. By referencing the WTO SPS Agreement and other essential legal instruments, this chapter analyzes the SPS-plus institutional designs therein and discusses their normative interactions with the Regulatory Coherence Chapter and, more broadly, the WTO multilateral trading system.
Shin-yi Peng, Han-Wei Liu and Ching-Fu Lin
This chapter will explore the interplay between law and technology, focusing on the pertinent trade issues within megaregionals. As globalization has created markets that cross borders, there is an increasing reliance on diverse types of international legal instruments to govern science and technology. The reality is that the differences in regulatory regimes become more significant as trade obstacles. Manufacturers or service suppliers often confront challenges when attempting to comply with diverse national regulatory measures. At the forefront, the questions to ask are whether the emergence of various bilateral or megaregionals help promote regulatory cooperation/coherence? Or, has such phenomenon raised more questions than it has answered in terms of regulatory divergence? What mechanisms do the multilateral, plurilateral, or bilateral economic integration arrangements design to reduce regulatory divergence? We will engage in a critical review on pertinent law-making and jurisprudence to offer a systematic examination on regulatory convergence of technology law.
Regulatory Divergence and Convergence in the Age of Megaregionals
Edited by Shin-yi Peng, Han-Wei Liu and Ching-Fu Lin
Chuan-Feng Wu, Ching-Fu Lin and Mao-Wei Lo
In light of the scientific evidence confirming that tobacco consumption poses a higher risk of cancer and deaths, and therefore constitutes a significant threat to global public health, Taiwan has implemented a myriad of tobacco control measures under its Tobacco Hazards Prevention Act (THPA) in light of the WHO Framework Convention on Tobacco Control. However, the THPA faces new legal challenges raised by the emergence of e-cigarettes. This chapter examines Taiwan’s current regulatory framework relating to e-cigarettes and explores the regulatory gaps by identifying the key legal and ethical issues. By closely scrutinizing the proposed e-cigarette regulations and the justifications put forward by the government, the chapter assesses multiple policy options and endeavors to determine an optimal institutional design for a more rounded approach to e-cigarette control policies. Where relevant, the chapter also offers a contextual analysis of China’s e-cigarette regulation (or lack thereof) as well as key issues on tobacco control.