A Research On Legal Cooperation Of Standardization Among BRICS Countries

In today's world,the standardization field is dominated by international standardization activities,and regional standardization cooperation and bilateral standardization cooperation continue to deepen.International standardization organizations such as ISO,IEC and ITU achieve global standardization by formulating international standards.In addition,WTO/TBT provides a guiding model for standardization legislation.Regional economic entities such as EU and ASEAN have formed a comprehensive and systematic legal cooperation mechanism for standardization in the fields of standards,technical regulations and conformity assessment procedures.However,BRICS countries have made few achievements in standardization legal cooperation.Only a few member countries have sporadic bilateral cooperation,and even have not reached consensus on standardization cooperation,which runs counter to the current trend of standardization development.Based on this,this paper draws on the successful experience of EU and other regional standardization legal cooperation,tries to build standardization legal cooperation among BRICS countries,and hopes that BRICS countries will form a comprehensive and multi-level legal cooperation mechanism in the field of standardization as soon as possible.This paper consists of five parts: the basic theory of BRICS national standardization legal cooperation,the basic principles of deepening standardization legal cooperation among BRICS countries,the ways of deepening standardization legal cooperation among BRICS countries,the institutions of deepening standardization legal cooperation among BRICS countries,and the specific fields of deepening standardization legal cooperation among BRICS countries.Discuss.The first part is "the basic theory of legal cooperation in BRICS national standardization".It expounds the general definition of standards,standards,legal definition of technical regulations,the concept of conformity assessment procedure,the concept and characteristics of standardization and the concept and characteristics of standardization legal cooperation.It points out that there are differences in the definitions of "standards" and "technical regulations" in BRICS ' s standardization legislation.The standardization management systems of Brazil,Russia,India,China and South Africa are expounded,and the challenges to standardization legal cooperation caused by the differences in the nature and functions ofBRICS standardization management bodies are pointed out.The status of international standardization cooperation,other regional standardization mechanisms and the status of BRICS standardization cooperation are studied,and the necessity of standardization legal cooperation among BRICS countries is put forward.The second part "Basic Principles of Deepening Standardization Legal Cooperation among BRICS Countries",studies the provisions of cooperation principles in typical norms of regional standardization legal cooperation,and points out that the principles of coordination,equivalence,mutual recognition,transparency and avoidance of unnecessary trade barriers should be observed in deepening standardization legal cooperation among BRICS countries.Among them,the principle of coordination requires BRICS countries to adopt the same standards,technical regulations and conformity assessment procedures for the same kind of products,processes and services;the principle of equivalence and mutual recognition requires other member countries to consider accepting standards and technical regulations with the same purpose when meeting their own standards and technical regulations;BRICS countries are required to provide detailed and authentic information on their trade-related standards,technical regulations and conformity assessment procedures to other member countries;the principle of avoiding unnecessary trade barriers requires BRICS formulates standards,technical regulations and conformity assessment procedures that do not create unnecessary trade barriers to other member countries unless they meet legitimate purposes.The third part "Ways of deepening standardization legal cooperation among BRICS countries",studies global standardization legal cooperation,regional standardization legal cooperation such as EU standardization legal cooperation,bilateral standardization legal cooperation such as European and American automobile technical regulations and conformity assessment procedures,and points out that BRICS countries lack regional standardization legal cooperation mechanism and bilateral standardization legal cooperation.It is necessary for BRICS countries to sign regional standardization cooperation agreements,build regional standardization institutions and formulate standardization strategies.In addition,BRICS countries should strengthen bilateral standardization legal cooperation.The fourth part "Institutions for Deepening Standardization Legal Cooperation among BRICS Countries",which studies the current status of BRICS cooperation and European Standardization Authority.It is proposed that BRICS countries should establish regional standardization bodies responsible for dealing with regional standardization activities bysigning regional cooperation agreements,and regional standardization bodies should formulate standardization strategies to guide standardization cooperation in the region.The fifth part "Specific areas of deepening standardization legal cooperation among BRICS countries",studies specific measures in typical regional standardization legal cooperation,and points out that in deepening standardization legal cooperation among BRICS countries,definitions of standards and technical regulations should be clearly defined,notification and warning mechanism of technical barriers to trade should be established,mutual recognition mechanism and standardization supervision mechanism should be established.BRICS countries should establish relevant standardization cooperation mechanisms to regulate standardization activities in the region and ensure the effective operation of BRICS standardization cooperation.The main conclusions of this dissertation: the existing legal cooperation on standardization among BRICS countries is not deep enough,and it is necessary to deepen the legal cooperation on standardization among BRICS member countries.To deepen standardization legal cooperation,we should abide by the principle of cooperation,and ensure cooperation through signing regional cooperation agreements and building standardization institutions.