Technical Barriers to Trade
The TBT Agreement is likely to come into play with respect to some measures related to climate change, such as carbon labels for instance. When a Member alleges that a measure violates both the TBT Agreement and GATT 1994, the allegations under the former are examined first. The Preamble of the TBT Agreement states that it is intended to “further the objectives of GATT 1994.” While the Appellate Body has indicated that the TBT Agreement “does so through a specialized regime that applies solely to a limited class of measures,” the jurisprudence also indicates that the two agreements apply cumulatively. Marceau and Trachtman argue that compliance with the more stringent requirements of the TBT Agreement should give rise to a presumption of compliance with GATT. In particular, a technical regulation that complies with TBT Agreement Articles 2.1 and 2.2 is likely to be compatible with GATT Articles I, III, and XX. However, a measure could be justifiable under GATT Article XX and not meet the requirements of the TBT Agreement.
-  Appellate Body Report, European Communities—Trade Description ofSardines (EC—Sardines),WT/DS231/AB/R, adopted October 23, 2002.
-  Appellate Body Report, EC—Asbestos para. 80.
-  Panel Report, European Communities—Trade Description of Sardines (EC—Sardines), WT/DS231/R, adopted October 23, 2002, paras. 7.15—7.16; Appellate Body Report, EC—Sardinespara. 313; Appellate Body Report, EC—Bananas III para. 204.
-  Marceau and Trachtman “The Technical Barriers to Trade Agreement” 873—4.