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Gatt, Sps And Tbt

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Chapter Summary

Non-tariff barriers (NTBs) are complex to analyze in the WTO system and, as illuminated in this chapter, NTBs arising out of environmental, human health or public morals can be analyzed in three different agreements: the General Agreement on Tariffs and Trade (GATT), the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) and/or the Agreement on Technical Barriers to Trade (TBT Agreement). It is important to understand the analytical differences between the GATT and the other two agreements, because they are utilized in certain de lege ferenda considerations for improvement of the GATT. In the chapter, the three agreements are introduced: first, general observations, scope and burden of proof; and, second, the substance of the agreements. The chapter provides an introduction into the issues surrounding GATT Article XX, and also outlines the most important obligations under the SPS and TBT Agreements.

Keywords: GATT; non-tariff barriers (NTBs); Sanitary and Phytosanitary Measures (SPS) Agreement; Technical Barriers to Trade (TBT) Agreement



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