Interpretation of the Agreement on Technical Barriers to Trade

Author: Ge Zhirong
Publisher:
Publish Date: 2006-09-01
Features: This book is divided into four parts. The first part reviews the TBT Agreement, explaining its historical background, structure, scope of application, and exceptions. The second part interprets the legal provisions related to technical regulations, standards, and conformity assessment procedures. It covers the definition of technical regulations, methods for defining technical regulation documents, non-discrimination principles in the formulation and application of technical regulations, the principle of avoiding unnecessary trade barriers, and coordination principles. In terms of conformity assessment procedures, it includes the definition of conformity assessment procedures, principles to be followed in their formulation and implementation, special obligations of entities outside central government agencies, and methods for accepting conformity assessment results. The third part discusses parallel provisions in the TBT Agreement. It addresses technical assistance for developing and least-developed countries, as well as special and differential treatment issues. It also explains the transparency rules and procedures for technical regulations, standards, and conformity assessment procedures, particularly focusing on TBT notifications, the availability and distribution of information, and the establishment and operation of consultation points. The fourth part covers institutional provisions. It involves the establishment of the TBT Committee, the implementation and management of the Agreement, annual and triennial reviews of the Agreement, and procedures for addressing special trade concerns raised at TBT Committee meetings. In terms of dispute settlement, it explains the operational guidelines for technical expert groups and illustrates the significance of the TBT Agreement's dispute settlement provisions through case studies. Currently, tariff barriers are gradually fading as trade protection measures, while technical barriers are receiving widespread global attention. The Chinese government and enterprises and institutions urgently need an authoritative guide on technical trade measures. This book aims to provide a convenient opportunity for learning the TBT Agreement, enabling readers to accurately and fully understand the original text, comply with the Agreement's rules, and use the TBT Agreement's provisions as both a sword and shield. By fulfilling their obligations and enjoying the rights of WTO members, it contributes to establishing necessary technical requirements for market access in China, breaking or overcoming foreign technical trade barriers, and promoting the development of China's foreign trade.