Du, Ming (2015) What is a technical regulation in the TBT agreement? European Journal of Risk Regulation, 6 (3). pp. 396-404. ISSN 1867-299X
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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.