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34 The Appellate Body read the sixth recital "to suggest that Members have a right to use technical regulations in pursuit of their legitimate objectives, provided that they do so in an even-handed manner and in a manner that is otherwise in accordance with the provisions of the TBT Agreement." 35 Characterizing the preamble as balancing "on the one hand, the desire to avoid creating unnecessary obstacles to international trade and, on the other hand, the recognition of Members' right to regulate," the Appellate Body stated that the balance "is not, in principle, different from the balance set out in the GATT 1994, where obligations such as national treatment in Article III are qualified by the general exceptions provision of Article XX." 36 Next, the Appellate Body noted that Article 2.1 applied to "technical regulations," which are defined as "[d]ocument[s] which lay[] down product characteristics or their related processes and production methods, including the applicable administrative provisions, with which compliance is mandatory." 37 The Appellate Body concluded that "in the case of technical regulations, the measure itself may provide elements that are relevant to the determination of whether products are like and whether less favourable treatment has been accorded to imported products." 38 Finally, the Appellate Body noted the similarity of the language of the national treatment obligation of Article 2.1 and the language of Article III:4 of the GATT 1994
[DOI] [PMC free article] [PubMed] [Google Scholar] 9.Shihadeh A., Antonios C., Azar S
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