US-TUNA: Implication for the Definition of Technical Regulation and for Developing Countries

Abstract

Before US-TUNA, determining what constituted a technical regulation was less confusing. Developing countries could rely on the training provided by both the UNCTAD and the WTO and the Panel could rely on the Appellate Body’s definition of technical regulation in EC-Asbestos. This paper shows how the AB’s definition of technical regulation in US-TUNA will affect future cases and the impact that it will have on developing countries understanding of Annex 1.1 of the TBT Agreement.