The Compulsory Nature of the International Technical Standards in the Multilateral Trading System

摘要

Within the framework of the Multilateral Trade System, a basic criterion established by the World Trade Organization (WTO) for domestic technical standards and regulations do not become trade barriers is that they are based on international standards of recognized bodies. This criterion is considered in the TBT Agreement, the SPS Agreement and the GATS. In this sense, except in some situations, by imposition of these commercial agreements, it is considered that international technical standards are mandatory, even if, by definition, they are characterized as voluntary compliance. In this work, after analyzing the characteristics of the international standards, this hypothesis is analyzed in relation to each of these agreements.