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The Relationship between the WTO Legal Order and EU Law in the Field of Technical Regulation

Student: Ul`yanov Il`ya

Supervisor: Daria Boklan

Faculty: Faculty of Law

Educational Programme: Law of International Trade, Finance and Economic Integration (Master)

Year of Graduation: 2019

The MA thesis is dedicated to the analysis of the current regulatory framework in the field of technical regulations of two legal systems: The World trade organization (WTO) and the European Union (EU), as it applies to the trade in goods. The aim of this research has been to draw on the similarities and differences of the technical regulation framework within the WTO and the EU, in order to identify the existing gaps, the mutual influence of each system and to develop approaches to improve technical regulation at EU and WTO level. In order to complete this aim, several objectives have been carried out. Firstly, the WTO regulatory framework in the field of technical regulations has been analyzed by reference to the rules of the Agreement on Technical Barriers to Trade (TBT), the jurisprudence of the WTO dispute settlement body (DSU) and other WTO supplementary documents, regulating this sphere. Secondly, the EU regulatory framework in the field of technical regulation has been analyzed by reference to primary legislation of the EU: Treaties of the European Union, as well as to secondary legislation (Decisions, Directives, Regulations) and the case law of the European Court of Justice. The following methodologies have been used: the legalistic approach, comparative legal analysis and historical legal analysis. Several conclusions have been reached. The regulatory framework at WTO and EU level does not operate in isolation from each other with common principles used to reduce technical barriers. Both systems employ a wide range of approaches, notably the mutual recognition of technical regulations, harmonization of national standards at European or international level (WTO) and the notification mechanism for draft technical regulations, which are not based on international standards (in WTO) or spheres which are not subject to the principle of mutual recognition (in EU). Other approaches, such as market surveillance are exclusively seen at EU level.

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