FROM TRANSPARENCY TO STANDARDS:

the role of the TBT agreement in addressing AI regulatory challenges
Milena da Fonseca Azevedo – USP – https://orcid.org/0009-0008-8863-7327

Resumo:

This article examines the role of the World Trade Organization’s (WTO) Agreement on Technical Barriers to Trade (TBT Agreement) in addressing the regulatory challenges arising from the proliferation of artificial intelligence (AI) regulations. The objective is to assess how the TBT Agreement can facilitate international cooperation, enhance transparency, and mitigate regulatory fragmentation in the context of a “multilayered AI governance”. The methodology consists of a doctrinal analysis of the TBT Agreement’s provisions – particularly those related to transparency, notification, and the use of international standards – supplemented by case studies of recent AI regulatory measures, such as the European Union (EU)’s AI Act, and their treatment within the WTO system. The article also draws on WTO jurisprudence and empirical data on notifications and Specific Trade Concerns (STCs) to evaluate the practical application of the TBT framework to AI-related measures. The analysis demonstrates that the TBT Agreement’s mechanisms – especially the notification process and the encouragement of the use of international standards – are increasingly relevant for AI regulation. The TBT Committee has emerged as a unique forum for the preemptive discussion and peer review of national AI regulations, enabling Members to identify and address potential trade concerns before they escalate. In conclusion, the article argues that the TBT Agreement provides valuable tools for improving AI governance and reducing regulatory fragmentation, but also underscores the need for further reforms to ensure its continued effectiveness in the context of emerging digital technologies

ISSN:

2763-8685

DOI:

https://dx.doi.org/10.51799/2763-8685v5n2001

Journal Title:

Revista Latinoamericana de Estudios Europeos

Volume:

5

Issue:

2

FirstPage:

14

LastPage:

40

Date:

2025-12-19

Palabras clave:

World Trade Organizations, Technical Barriers to Trade, Artificial Intelligence