International Standards and Technical Barriers to Trade

The document examines the application of the WTO Agreement on Technical Barriers to Trade (TBT) to non-product related Process and Production Method (npr PPM) standards, such as social and environmental standards. It argues that if npr PPM standards fall outside the TBT scope, governments are generally free to adopt them, subject to GATT non-discrimination rules. If they fall within the TBT scope, the agreement encourages the use of relevant international standards as a basis for national regulations, providing a rebuttable presumption that such regulations do not create unnecessary obstacles to trade.

• There is a widely held understanding that the TBT Agreement only covers product-related PPM-based measures, meaning non-product related PPM (npr PPM) standards—including social and environmental standards—would be beyond its scope.
• If npr PPM measures are outside the TBT Agreement, they may still be subject to the GATT, specifically Article III's national treatment obligation regarding non-discrimination between domestic and imported 'like' goods.
• Under TBT Article 2.4, if technical regulations are required and relevant international standards exist, WTO Members are mandated to use them as a basis for their regulations unless they are an ineffective or inappropriate means of achieving legitimate objectives.
• Technical regulations that align with relevant international standards benefit from a rebuttable presumption that they do not create unnecessary obstacles to international trade, strengthening their legal status.

APA

Rogers, M., & Bernasconi-Osterwalder, N. (2006). International Standards and Technical Barriers to Trade. Center for International Environmental Law. https://www.ciel.org/wp-content/uploads/2015/03/ISEALCIEL_Legal_OpinionTBTR053_Jul06.pdf

Chicago

Rogers, Michael, and Nathalie Bernasconi-Osterwalder. International Standards and Technical Barriers to Trade. Center for International Environmental Law, 2006. https://www.ciel.org/wp-content/uploads/2015/03/ISEALCIEL_Legal_OpinionTBTR053_Jul06.pdf.

Wikipedia

{{cite report |last1=Rogers |first1=Michael |last2=Bernasconi-Osterwalder |first2=Nathalie |title=International Standards and Technical Barriers to Trade |publisher=Center for International Environmental Law |date=July 2006 |url=https://www.ciel.org/wp-content/uploads/2015/03/ISEALCIEL_Legal_OpinionTBTR053_Jul06.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{rogers2006international, author = {Rogers, Michael and Bernasconi-Osterwalder, Nathalie}, title = {{International Standards and Technical Barriers to Trade}}, institution = {Center for International Environmental Law}, year = {2006}, month = jul, url = {https://www.ciel.org/wp-content/uploads/2015/03/ISEALCIEL_Legal_OpinionTBTR053_Jul06.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }