Over the last several years, there has been much debate and discussion over the scope and implications of the TBT Agreement, as a number of interesting and controversial WTO disputes have unfolded. These cases have revolved mainly around two core principles, which are found in various provisions across a number of WTO and other international economic agreements: The non-discrimination principle (both national treatment and most-favored-nation treatment); and the necessity obligation. In their decisions on these cases, panels and the Appellate Body have tried to elucidate these principles. They have made progress, but there is more work to be done. In all of the TBT cases decided recently, compliance proceedings have begun; a new case, involving an EU ban on seal products, has seen a panel report and there is an expected appeal; and a case related to an...

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