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What is a technical regulation in the TBT agreement?

Research output: Contribution to Journal/MagazineJournal articlepeer-review

Published
<mark>Journal publication date</mark>2015
<mark>Journal</mark>European Journal of Risk Regulation
Issue number3
Volume6
Number of pages9
Pages (from-to)396-404
Publication StatusPublished
<mark>Original language</mark>English

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.