This paper from the ISEAL Alliance and the Center for International Environmental Law (CIEL) in Geneva summarizes the findings of two legal opinions regarding the ability of governments to reference existing voluntary international standards in relation to technical regulations relating to trade and, in particular, the implications in terms of possible ‘technical barriers to trade’. The initial legal opinion was completed by independent trade lawyer Michael Rogers, and was formally reviewed by Nathalie Bernasconi-Osterwalder of CIEL. The opinions take account of relevant World Trade Organization (WTO) agreements and associated jurisprudence. They concentrate primarily on the relevance and application of the WTO Agreement on Technical Barriers to Trade (TBT) and, specifically, on the implications for non-product related Process and Production Method (npr PPM) standards.
The TBT Agreement recognises the positive contribution that international standards and conformity assessment systems can make to facilitate international trade. The Agreement aims to encourage the development of international standards and conformity assessment systems while ensuring that they do not create unnecessary obstacles to international trade.