Article 2.2 of the TBT Agreement: More Complicated than Necessary? - Global Trade and Customs Journal View Article 2.2 of the TBT Agreement: More Complicated than Necessary? by - Global Trade and Customs Journal Article 2.2 of the TBT Agreement: More Complicated than Necessary? 11 9

Article 2.2 of the Technical Barriers to Trade Agreement requires that technical regulations shall not be more trade restrictive than necessary. The legal standard of Article 2.2 is composed of various elements which have been developed in World Trade Organization jurisprudence. This article explains the different components of Article 2.2, and presents a critical analysis of the issue of ‘risks of non-fulfilment’.

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