The Scope of the TBT Agreement in Light of Recent WTO Case Law

Abstract

Until very recently, little guidance existed as to the application of the Agreement on Technical Barriers of Trade (TBT Agreement). Through the reports in three disputes in 2012, US - Clove Cigarettes, US - Tuna II and US - COOL, the Appellate Body (AB) provided important and controversial insights regarding the interpretation of the TBT Agreement. Among other matters, the AB shed light on the precise scope of this Agreement. The authors argue that recent WTO case law broadened the scope of the TBT Agreement by establishing the limits of technical regulations, providing further enlightenment to the understanding of standards and leaving room for the inclusion of process and production methods (PPMs) under the purview of the TBT Agreement.