| Summary: | 碩士 === 國立政治大學 === 國際經營與貿易研究所 === 101 === Due to the consciousness raising of environmental protection recently, WTO members legislate for regulations which aim at protecting human, animals and plants' lives and health. However, it may result in trade barriers and be inconsistent with TBT Agreement. Article 2.2 of TBT Agreement regulates that WTO members shall comply with the necessity concept when legislating technical regulations, inter alia: Members shall ensure that technical regulations are not prepared, adopted or applied with a view to or with the effect of creating unnecessary obstacles to international trade and technical regulations shall not be more trade-restrictive than necessary to fulfil a legitimate objective. However, TBT Agreement does not regulate how to judge necessity test.
Among WTO agreements, article XX(b) of GATT 1994 and article 2.2 of TBT Agreement have similar words and contents, but WTO agreements do not define the necessity test and do not regulate whether these two provisions can be interpreted in the same way. WTO dispute settlement body had ruled the necessity test in article XX(b) of GATT 1994 several times. This thesis chronicled the jurisdiction in order to clarify how WTO dispute settlement body interpreted the necessity test of these two provisions. This thesis also brought up the proper interpretation of necessity test in article 2.2 of TBT Agreement to comprehend how much the policy space left to WTO members.
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