Are Consumer-Oriented Rules the New Frontier of Trade Liberalization?

摘要

Lead paint toys and tainted baby formula milk from China, along with other scares involving consumer goods, have focused the public's attention on the risks of a global supply chain that no state controls. Yet, domestic instruments available to protect consumers against unsafe or undesirable foreign goods and services are limited. This Article uses a comparative legal perspective to explore what shapes international trade regimes to be more or less consumer oriented, using primarily EU law as a counterpoint to the WTO, as well as NAFTA and MERCOSUR. Ultimately, the Article suggests that the WTO's producer-focused liberalization leaves consumers underserved. It also seeks to articulate a more holistic understanding of the trade liberalization project that accounts both for producer and consumer interests. Although the WTO may not be the appropriate or optimal forum to fulfill such needs, a more robust examination of the intersection between producer-oriented trade rules and consumer interests within the WTO is warranted.