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Research output: Contribution to Journal/Magazine › Journal article › peer-review
Research output: Contribution to Journal/Magazine › Journal article › peer-review
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TY - JOUR
T1 - What is a technical regulation in the TBT agreement?
AU - Du, Ming
PY - 2015
Y1 - 2015
N2 - 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.
AB - 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.
M3 - Journal article
VL - 6
SP - 396
EP - 404
JO - European Journal of Risk Regulation
JF - European Journal of Risk Regulation
SN - 1867-299X
IS - 3
ER -