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Projects - E (Eva) Johan MSc

The public regulation of Halal measures by national states is becoming increasingly common, but can raise concerns about WTO law compliance, particularly how to balance the free trade rationale with the regulatory policies pursued. This PhD dissertation examines how domestic Halal measures at regional and country level can ensure compliance with WTO Law.

In order to do so, first, the PhD provides a better empirical and legal understanding as to what are the trade law concerns relating to Halal measures at the WTO level. Second, the project delivers the legal criteria that determine the conditions under which Halal measures are WTO law compliant. The project further deploys a national and a regional case it evaluates the WTO compliance of mandatory certification under the Indonesia Halal Act with other (voluntary) forms of certification in a comparative study. At the regional level, the PhD thesis analyses ongoing harmonization of Halal measures within ASEAN, and examines harmonization efforts at regional level as a potential solution to trade concerns.

Through this research, the thesis strives to identify novel legal ways for balancing the legitimacy of regulating halal with trade concerns and aims to formulate recommendations as to how and at which level to design a legal framework that allows for such a balancing.