Iran’s Technical Barriers to Trade in Light of the Law of the World Trade Organization

Abstract

The Technical Barriers to Trade (TBT) Agreement is one of the covered agreements of the World Trade Organization (WTO), one of the main objectives of which is to harmonize regulations in the area of technical barriers to trade. While under the TBT Agreement, governments can legitimately apply technical regulations and standards for the purpose of protecting public interest, including health and safety, this Agreement, establishes four basic principles including non-discrimination, prohibition of creating unnecessary obstacles to international trade, harmonization and transparency thereby balancing those interest with free flow of cross-border trade. The Purpose of this essay is to evaluates the Iranian regulatory landscape in light of these TBT provisions and the relevant provisions of the WTO Trade Facilitation Agreement. It demonstrates that Iranian legislator, with some exceptions, has substantially disregarded the concepts and principles of TBT Agreement. The same holds true with respect to the recently adopted law titled "Reinforcement and Development of Standard System Act”, enacted as of October 2017, leading to increase in trade costs and therefore undermining Iran’s export competitiveness.

Keywords

• technical barriers to trade agreement
• non-tariff barriers
• technical prescriptions in iran
• trade facilitation agreement
• world trade organization