Import (toy) safety, consumer protection and the WTO Agreement on Technical Barriers to Trade: prospects, progress and problems

Given increased concerns about the safety of imported toys, is a total or partial ban on toy imports an option under prevailing global trade rules? Specifically, can governments unilaterally adopt new technical regulations that introduce higher safety standards for toys? This paper examines the legal implications of a direct or indirect ban on toy imports. Analysis is carried out through the framework of the Agreement on Technical Barriers to Trade of the World Trade Organization. Does the TBT Agreement restrict democratic control over product standards thus jeopardising public health and welfare? Or, does the TBT Agreement afford countries adequate flexibility to manage risks to human health and safety from tainted imports even while guarding harmful barriers to global trade? The question arises because technical regulations and standards implicate international trade law and international human rights law. This paper highlights the tension between trade liberalisation and health and safety.