TBT-Plus Rules in Preferential Trade Agreements

Abstract:

The subject of this article is the technical barriers to trade (TBT) provisions in preferential trade agreements (PTAs). More precisely, it inquires into TBT provisions in PTAs that go beyond the scope of the rules enshrined in the World Trade Organization's (WTO) TBT Agreement. To this end, it aims to answer three questions. First, what kind of new TBT rules do modern PTAs contain? Second, what explains their existence, given that PTAs usually already incorporate or resemble WTO rules on domestic regulatory measures, such as Article III of the GATT 1994 or the TBT Agreement, which address technical barriers to a certain extent? And, finally, are such rules consistent with the requirements set forth by WTO law? For purposes of illustration, the recently concluded free trade agreement (FTA) between the European Union (EU) and Korea is used as a case study.