From Rules of Origin to Sustainability: Evolution of Product Transparency in International Trade

Resumen

This study examines the evolution of transparency and due diligence obligations in international trade law under the WTO framework, focusing on how these requirements have broadened beyond traditional rules of origin and product safety standards to encompass sustainability concerns, including environmental protection and human rights in supply chains. It also evaluates the implications of these developments for exporters in the Global South. Through a doctrinal analysis of WTO agreements, case law, and recent regulatory initiatives, the study finds that new due diligence measures, exemplified by the EU Corporate Sustainability Due Diligence Directive, the EU Deforestation Regulation, and the U.S. Uyghur Forced Labor Prevention Act, represent the next generation of extraterritorial trade measures aimed at aligning global commerce with sustainable development goals. However, these measures also impose significant compliance burdens on developing-country exporters, especially smaller producers. The study concludes that while sustainability-driven transparency is a positive trend, its fair and effective implementation requires capacity-building support for producers in developing economies, inclusive international standard-setting, and multilateral cooperation to ensure consistency with WTO principles. Finally, by providing a comprehensive legal analysis of modern supply chain due diligence regimes and their trade-law compatibility, this research offers novel insights into reconciling global trade governance with ethical and environmental imperatives. It highlights pathways to integrate sustainability without disadvantaging developing economies.