Skip Navigation



Chinese Journal of International Law Advance Access published online on June 27, 2007
Chinese Journal of International Law, doi:10.1093/chinesejil/jmm022
This Article
Right arrow Full Text
Right arrow Full Text (PDF)
Right arrow All Versions of this Article:
6/2/269    most recent
jmm022v1
Right arrow Alert me when this article is cited
Right arrow Alert me if a correction is posted
Services
Right arrow Email this article to a friend
Right arrow Similar articles in this journal
Right arrow Alert me to new issues of the journal
Right arrow Add to My Personal Archive
Right arrow Download to citation manager
Right arrowRequest Permissions
Google Scholar
Right arrow Articles by Du, M. M.
Right arrow Search for Related Content
Social Bookmarking
Add to CiteULike   Add to Connotea   Add to Del.icio.us  
What's this?

© The Author 2007. Published by Oxford University Press. All rights reserved

Domestic Regulatory Autonomy under the TBT Agreement: From Non-discrimination to Harmonization

Michael Ming Du *

Compared with other World Trade Organization (WTO) Agreements, the Technical Barriers to Trade (TBT) Agreement has received relatively little scholarly attention. This paper will illustrate that the TBT agreement has already exhibited potential to penetrate inappropriately into the domestic regulatory order and threaten domestic regulatory autonomy in unexpected ways, even if many important provisions are still to be elucidated in follow-up dispute settlement practice. This unwarranted intrusion into domestic regulatory autonomy is largely due to the reluctance of WTO panels and the AB to explore the telos of the TBT Agreement. Under the TBT Agreement, not only the conflict between trade liberalization and regulatory autonomy of WTO Members is intensified, but also the legitimacy of the WTO as a powerful regulator in the increasingly globalized world is itself being put to question.

* Associate, Fried, Frank, Harris, Shriver and Jacobson LLP New York Office. D.Phil Candidate, Oxford Faculty of Law. LL.M, Harvard law School. LL.B, LL.M, Tsinghua Law School (email: ming.du{at}law.ox.ac.uk). I would like to thank Professor Dan Sarooshi for his superb supervision. Professor Vaughan Lowe and Mr Dapo Akande have made insightful comments on earlier drafts. Thanks are also due to the anonymous reviewers of the Chinese JIL. The usual disclaimer applies.


Add to CiteULike CiteULike   Add to Connotea Connotea   Add to Del.icio.us Del.icio.us    What's this?




Disclaimer:
Please note that abstracts for content published before 1996 were created through digital scanning and may therefore not exactly replicate the text of the original print issues. All efforts have been made to ensure accuracy, but the Publisher will not be held responsible for any remaining inaccuracies. If you require any further clarification, please contact our Customer Services Department.