What is a "Technical Regulation" in the TBT Agreement?. (September 2015)

• Record Type: Journal Article
• Authors: Du, Ming
• Is Part Of: European journal of risk regulation. Volume 6:Number 3(2015)
• Page Start: 396
• Page End: 404
• Publication Date: 2015-09
• Subjects: Risk management -- Periodicals; Risk management -- Europe -- Periodicals; Periodicals; 363.102
• DOI: 10.1017/S1867299X00004840
• Languages: English
• ISSNs: 1867-299X

Abstract

Abstract : One important issue arising from EC–Seal Products is what constitutes a technical regulation in the TBT Agreement. This article argues that the Appellate Body's analytical approach to this issue has led to an arbitrary conclusion in EC–Seal Products. The article further examines to what extent PPMs, especially Non–product–related PPMs, are covered by the TBT Agreement. The article concludes that an important question to be answered is what special characteristics of a technical regulation distinguish it from other regulations and make it subject to more detailed obligations in the TBT Agreement.