Reducing Product Standards Heterogeneity Through International Standards in the WTO: How Far Across the River?

Abstract

Heterogeneity in product standards across World Trade Organization (WTO) Members adversely affects the international flow of goods and its reduction will increase global economic welfare if legitimate regulatory objectives are not violated. The Uruguay Round has seen the incorporation of international standards in both the Agreement on Technical Barriers to Trade (TBT) and the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS) Agreement as a harmonization device. Despite many benefits that international standards may offer, WTO’s attachment to international standards has been subject to various criticisms. This paper intends to offer a detailed analysis of the role of international standards in the TBT and the SPS Agreement. Especially, I will examine whether and to what extent international standards have constrained WTO Members’ regulatory autonomy in setting domestic product standards.