A relatively new frontier for legal and policy analysis, technical barriers to trade (TBT's) have become more common as traditional border barriers have been reduced. This comprehensive Handbook comprises original essays by eminent trade scholars exploring the implications of the WTO's TBT Agreement.
The TBT Agreement imposes disciplines on the manner in which WTO member countries adopt and maintain technical measures, recognizing the importance of such measures to advance legitimate domestic policy goals such as health, safety and environmental objectives, but also the potential for technical measures to constitute barriers to trade. The contributors to this volume provide an in-depth examination of the text of the Agreement and how the WTO's dispute settlement system, the TBT Committee, WTO members, and other international organizations have engaged with and been affected by it.
The book's comprehensive and accessible approach makes it a first point of reference for all trade law practitioners, policymakers and regulators. For scholars and students, the Handbook will prove essential reading for a deeper understanding of trade law.
Edited by Tracey Epps, Trade Law Consultant, Chapman Tripp, New Zealand and Michael J. Trebilcock, Professor of Law and Economics, Faculty of Law, University of Toronto, Canada
Contents: Foreword Michael J. Trebilcock 1. Introduction Robert Howse 2. The TBT Agreement in Context Arkady Kudryavtsev 3. Conformity Assessment Procedures Arthur E. Appleton 4. Transparency Obligations under the TBT Agreement Denise Prevost 5. Standard of Review in TBT Cases Michael M. Du 6. Moving Out of the Shadows: Bringing Transparency to Standards and Regulations in the WTO's TBT Committee Petros C. Mavroidis and Erik N. Wijkstroem 7. International Standards Markus Wagner 8. Mutual Recognition Agreements and Equivalence Agreements Helen Churchman 9. The Limits of PTAs: WTO Legal Restrictions on the Use of WTO-Plus Technical Regulations in PTAs Joel P. Trachtman 10. The TBT Agreement and Developing Countries Graham Mayeda 11. Contemporary Problems of Climate Change and the TBT Agreement: Moving Beyond Eco-Labelling Michael Cardwell and Fiona Smith 12. The REACH Regulation and the TBT Agreement: The Role of the TBT Committee in Regulatory Processes Lukasz Gruszczynski 13. Consumer Information, Consumer Preferences and Product Labels under the TBT Agreement Tania Voon, Andrew Mitchell and Catherine Gascoigne 14. The TBT Agreement and Private Standards Alessandra Arcuri 15. Technical Barriers to Trade in Information and Communication Technologies Branislav Hazucha 16. Conclusion Tracey Epps Index