Barreiras regulatórias: um novo desafio para a governança da OMC

Abstract

Over the last decades, there is an increasing concern around what should be the role played by the World Trade Organization before the proliferation of preferential and plurilateral trade agreements (PTAs). Moreover, the expansion of the trade agenda through issues not encompassed by the WTO agreements, such as sustainability and global value chains led to a process of fragmentation of international trade law, strengthening the false idea that there would be a complete antagonism between preferentialism and multilateralism. As tariff preferences have diminished in importance, non-tariff measures as domestic regulation have become relatively more significant as determinants of market access and the conditions of competition. Given this equation, and regarding the importance to safeguard the progress achieved by the multilateral trade system, the present article seeks to elucidate some points considered relevant to the regulatory barriers subject and, therefore, address the role that can be attributed to the WTO as a key to effective governance of trade regulatory cooperation