Da transparência aos normas técnicas o papel do acordo TBT na abordagem dos desafios regulatórios da IA

Abstract

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’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. 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.