FROM MUTUAL RECOGNITION TO MUTUAL RECOGNITION AGREEMENT WITHIN INTERNATIONAL TRADEt Neni Ruhaeni*, Norazlina binti Abdul Aziz**, Efik Yusdiansyah*, Eka An Aqimuddin*
*Faculty of Law, Universitas Islam Bandung
** Faculty of Law, UiTM, Malaysia
Abstract
Mutual recognition agreements (MRAs) play a crucial role in facilitating international trade by addressing non-tariff barriers that can impede the free flow of goods and services across borders. These agreements establish a framework whereby the standards, technical regulations, or conformity assessment procedures of one country are formally accepted by another. By doing so, MRAs enable products or services that have already been certified in one jurisdiction to enter foreign markets without the need to undergo certification, or compliance procedures in the importing country. Furthermore, MRAs are recognized by the World Trade Organization (WTO) as legitimate instruments for trade facilitation. This recognition ensures that trade through mutual recognition do not contravene international trade regulations. In addition, MRAs serve as important mechanisms for reconciling the diverse regulatory systems of WTO member states while upholding the core principles of non-discrimination and transparency in international trade. This article investigates the process by which mutual recognition has evolved from a trade policy into a binding legal instrument. To achieve these objectives, the research employs a normative legal methodology by analyzing the principles and legal frameworks underpinning MRAs as reflected in WTO. This study also incorporates a historical perspective, tracing the development and proliferation of MRAs within the broader context of international trade.
Keywords: mutual recognition, agreement, international trade law
Topic: Law and Ethics in Terms of Islamic Perspective
