Expertise and Network / Sectors

Non-tariff barriers to trade represent both the costliest and most contentious elements of trade. Following the trend towards globalization, tariff barriers as the most evident barriers to global trade have been largely addressed. On the other hand, non-tariff barriers remain because they are rooted not just in traditional protectionism but in the culture, history and politics of trading blocks and countries. The global Covid-19 endemic and international military and trade conflicts have led to additional trade barriers.

In many cases creative technical solutions bridging different regulatory systems are required to effectively open up trade. We believe only deep sectorial understanding of issues and regulatory systems can get us there. Therefore let’s trade-up!

Agriculture and food

Trade in agricultural commodities and processed foods form one of the cornerstones of global trade. With a growing global population and climate change effecting production in many areas in the world, we will in the future rely even more on an open trading system to feed the people. Countries like the EU and the US have developed sophisticated regulatory systems to safeguard food safety and environmental standards both for their own production and imports. Most often these standards stem from particular cultural and regulatory traditions and although pursuing similar objectives can be quite different when it comes to product requirements. Adapting agricultural production systems to societal expectations of moving towards a net-zero economy, has added new challenges with respect to international trade. All this sometimes results in trade barriers. We believe that regulatory cooperation and regulatory convergence over time are the way forward to respond to these challenges. Our agricultural, veterinary and food experts have negotiated many regional trade agreements in this area and played a central role in shaping the global trading system under the SPS Agreement of the WTO. They have resolved many bilateral trade disputes on sensitive food issues and found creative technical solutions to bridge divergent regulatory systems.

Pharmaceuticals

For pharmaceuticals, due to the importance of the US market and the FDA, historically, a greater degree of global regulatory consistency has been achieved. However, this has not stopped many national governments instituting their own regulatory authorities from which product approvals must be obtained. In addition, in many countries this is overlaid by the issue of reimbursement. While the EMEA is seen by many as a positive example of EU regulation, there are still very significant differences between it and the FDA in many areas. Our specialists have experience in dealing with all aspects of the registration and approval processes in these two critical markets. In addition, we have expertise in areas such as GMP, GCP, clinical trials, ethics committee approvals and a variety of indications.

Environment, energy and climate change

Trade policy becomes increasingly intertwined with sustainable development, environmental and climate change policies. Both the WTO and the UN system are aiming to find a better balance between liberalized trade rules and multilateral environmental agreements. Environmental and climate concerns are at the heart of EU trade policy, reflected in Trade and Sustainability chapters in EU Free Trade Agreements. At the same time, sustainability policies create new barriers to trade, by introducing standards or obliging foreign trade partners to comply with domestic policies, such as supply chain standards or ethical sourcing. The relationship between international trade and natural resources, including energy is changing. Traditional forms of energy, such as hydrocarbons, are complemented by renewable energy forms, such as biofuels, wind, solar accompanied by a range of innovative products and services which are traded or moved across borders. A need is seen to reduce trade barriers and open markets in energy services, while ensuring an effective system of rules to the benefit of stable international energy markets and global development policies, in particular greenhouse gas reduction measures in some countries. Our experts combine expertise in trade as well as sustainability and energy and work at the intersection of both policy areas.