Technical barriers to trade and the traderegulation interface

This chapter concerns the evolution of disciplines beyond national treatment on domestic regulation that impacts international trade through “technical barriers.” It explains why non-discrimination principles alone do not eliminate regulatory distortions in an open trading system, and can lead to excessive regulation on the one hand, and regulatory “races to the bottom” on the other. The analysis then considers the important principles beyond national treatment found in technical barriers agreements, such as the requirement to use the least restrictive alternatives, scientific evidence requirements, reference to international standards, mutual recognition, regulatory harmonization, and consistency requirements. It concludes with a discussion of provisions in preferential trade agreements aimed at preventing a “race to the bottom.”