A strict definition of nanotechnology characterizes it as the manipulation of atoms and molecules at the scale of approximately one-billionth of a metre (one nanometre) or smaller in size. Scientific activity at such a scale has provided enormous potential, especially in the environmental field. Nonetheless, recent studies show that nanoparticles present unique and significant health risks. These unique risks raise the questions whether the nanoscale products traded daily regulation should be subject to the WTO Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) and the Technical Barriers to Trade (TBT Agreement)? If so, would the Agreements objectively balance the unique risks and benefit? An examination Agreements and WTO jurisprudence, shows that yes, the Agreements are capable of this goal.