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13 Technical Regulations, Standards, and Health Measures

Mitsuo Matsushita, Thomas J. Schoenbaum, Petros C. Mavroidis, Michael Hahn

From: The World Trade Organization: Law, Practice, and Policy (3rd Edition)

Mitsuo Matsushita, Thomas Schoenbaum, Petros C. Mavroidis, Michael Hahn

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 26 September 2020

Subject(s):
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.

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