13 Technical Regulations, Standards, and Health Measures
Mitsuo Matsushita, Thomas J. Schoenbaum, Petros C. Mavroidis, Michael Hahn
Mitsuo Matsushita, Thomas Schoenbaum, Petros C. Mavroidis, Michael Hahn
- Technical barriers to trade — Sources of international law
This chapter begins with a brief description of the role of the Agreement of the Application of Sanitary and Phytosanitary Measures (SPS) and the Agreement on Technical Barriers to Trade (TBT). Both agreements represent a compromise ‘between, on the one hand, the desire to avoid creating unnecessary obstacles to international trade and, on the other hand, the recognition of Members' right to regulate’. The discussions then turn to the legal relationship between GATT, TBT and SPS Agreement; and the coverage, scope, and substantive provisions of the TBT and SPS.