英文摘要 |
The question of whether trade measures based on PPM, especially npr-PPM, constitute technical regulations under TBT Agreement have emerged gradually as TBT cases increased recently. As a compromise of Uruguay Round negotiations, the definition of technical regulation under TBT Agreement has structural flaws and semantic ambiguities, leading to fierce debate among scholars on the above question. Relevant TBT cases suggest that product labelling requirements could be determined as technical regulations no matter whether the PPMs they convey are related to product characteristics or not; the sufficient nexus test and interpretations of products characteristics established by the Appellate Body indicate a vague restrictive expansion of the meaning of pr-PPM. Although WTO dispute settlement practices partly clarify the PPM issues in the determination of technical regulation, they may impose new detrimental impacts on the protection of non-trade objectives in WTO. |