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WTO规则中的技术壁垒本质是国内规制。WTO规则规定国内规制不得对贸易造成不必要障碍,这被视为协调国内规制主权和自由贸易关系的重要规定。但因国内规制主权与自由贸易内在的紧张关系,技术壁垒协定的实施遭遇越来越严峻的挑战。近年来,WTO开始承认现行规则的局限性,并探讨通过规制合作的方式应对技术壁垒。目前,WTO内规制合作进展不畅,贸易伙伴主要通过自贸区等双边途径推进技术壁垒相关工作。
The essence of technical barriers in WTO rules is domestic regulation. WTO rules stipulate that domestic regulations should not cause unnecessary obstacles to trade. This is regarded as an important requirement for coordinating the domestic regulation of sovereignty and free trade relations. However, due to the inherent tensions between domestic regulation of sovereignty and free trade, the implementation of the TBT Agreement is facing more and more serious challenges. In recent years, the WTO has begun to recognize the limitations of the existing rules and to explore ways to deal with technical barriers by regulating cooperation. At present, the progress of regulatory cooperation within the WTO is sluggish. Trade partners mainly push forward the work on technical barriers through bilateral channels such as the free trade zone.