The World Trade Organization (WTO) serves as the only and the most important international organization in the governance of the multilateral trade order. In a period around two decades, the WTO has established the rule of law in international trading system. The WTO dispute settlement mechanism is unique and effective among various international tribunals. As of today, it is said more than 500 disputes have been filed with the WTO Dispute Settlement Body; and about 300 cases have been addressed by Panels and the Appellate Body. The body of jurisprudence established hasunderlied the WTO law system.
The WTO covers a wide range of trade rules which had been traditionally regarded as belonging to the area of domestic jurisdictions. Among these, the Agreement on Technical Barriers to Trade (TBT Agreement) would be the notable example. Arguably, TBT Agreement can be used to challenge regulatory measures by Members intended to protect the environment, enhance food safety, or promote public health. In recent times, more TBT disputes have been filed and secured practical importance. Therefore, this semester’s seminar will center on the TBT Agreement and related case-law.
Main topics to be discussed in this seminar will cover substantive rules and case-law:
I. Substantive Rules of TBT Agreement
I. An overview of the WTO: History, structure and Challenge
2. WTO Dispute Settlement Procedures
3. GATT; SPS Agreement and TBT Agreement
4. Technical regulations
5. International Standards and international organization
6. Conformity Assessment Procedures
II. TBT-related dispute settlement cases
1. EC-Asbestos case
2. US-Clove Cigarettes case
3. US-Tuna II case
4. US-COOL case
5. EC-Seal case