Dealing with the Challenge of Climate Change within the Legal Framework of the WTO
Abstract views: 317
/ 
PDF downloads: 275
DOI:
https://doi.org/10.59022/ijlp.31Keywords:
Climate Change, WTO Law, Paris AgrementAbstract
Although international trade and climate change regimes are two different fields of international law, they are closely interrelated. In particular, certain domestic environmental policies adopted by States may run afoul of WTO law, thereby having adverse effects on free trade. It has been claimed by critics that non-discrimination principles and subsidies regulations of WTO law constrain its Members’ ability to take certain unilateral actions aimed at climate change mitigation. According to other commentators, despite the existence of potential conflicts between UNFCCC and WTO regime, there are still synergies which can be developed to bring a greater coherence, and WTO’s multilateral framework can serve as a vehicle to facilitate targets of the Paris Agreement. This paper argues that although sustainable development is recognized by WTO regime and it leaves some scope for climate change actions, its current legal framework does not provide sufficient space for member’s regulatory autonomy in order to take national regulatory policiesAlthough international trade and climate change regimes are two different fields of international law, they are closely interrelated. In particular, certain domestic environmental policies adopted by States may run afoul of WTO law, thereby having adverse effects on free trade. It has been claimed by critics that non-discrimination principles and subsidies regulations of WTO law constrain its Members’ ability to take certain unilateral actions aimed at climate change mitigation. According to other commentators, despite the existence of potential conflicts between UNFCCC and WTO regime, there are still synergies which can be developed to bring a greater coherence, and WTO’s multilateral framework can serve as a vehicle to facilitate targets of the Paris Agreement. This paper argues that although sustainable development is recognized by WTO regime and it leaves some scope for climate change actions, its current legal framework does not provide sufficient space for member’s regulatory autonomy in order to take national regulatory policies
References
Agreement on Technical Barriers to Trade (1 January 1995) 1868 U.N.T.S. 120
Agreement on Subsidies and Countervailing Measures (April 15 1994) 1867 U.N.T.S. 14
GATT 1994:General Agreement on Tariffs and Trade 1994 (15 April,1994) Marrakesh Agreement Establishing the World Trade Organization, Annex 1A, 1867 U.N.T.S. 187, 33 I.L.M. 1153 (1994)
Kyoto Protocol to the United Nations Framework Convention on Climate Change (adopted 10 December 1997, entered into force 16 February 2005) 2303 U.N.T.S. 162.
Marrakesh Agreement Establishing the World Trade Organization (April 1994) 1867 U.N.T.S 154
Paris Agreement to the United Nations Framework Convention on Climate Change (adopted 12 December 2015, entered into force November 2016) T.I.A.S No. 16-1104
United Nations Framework Convention on Climate Change (adopted 9 May 1992, entered into force 21 March 1994) 1771 U.N.T.S. 107
Appellate Body Report, Canada - Measures Affecting the Export of Civilian Aircraft (20 August 1999) WT/DS70/AB/
Appellate Body Report, United States-Import Certain Shrimp and Shrimp Products (12 October 1998) WT/DS58/AB/R
Appellate Body Report, Canada-Renewable Energy case (6 May 2013) WT/DS412/AB/R, WT/DS426/AB/R
Appellate Body Report, Canada - Measures Affecting the Export of Civilian Aircraft (20 August 1999) WT/DS70/AB/R
Panel Report, Canada-Renewable Energy case (19 December, 2012) WT/DS412/R, WT/DS426/R
Panel Report, United States-Standards for Reformulated and Conventional Gasoline (29 January 1996) WT/DS58/AB/R
Bossche P.V.d. and Zdouc W., The Law and Policy of the World Trade Organization, (4th edn, Cambridge University Press, 2017)
Cottier T., and Payosova., ‘Common Concern and Legitimacy of WTO in Dealing with Climate Change’ in Panagiotis Delimatsis (eds), Research Handbook on Climate Change and Trade Law, (Edward Elgar Publishing 2016)
Park D., (eds), Legal Issues on Climate Change and International Law, (Springer 2016)
Charnovitz S., and Fischer C., ‘Canada-Renewable Energy: Implications for WTO Law on Green and Not-So-Green Subsidies’ (2015) 4 (2) World Trade Review
Ehring L., ‘De Facto Discrimination in World Trade Law National and Most-Favoured-Nation-Treatment-or Equal Treatent?’ (2002) 36 (5) Journal of World Trade
Kulovesi K., ‘International Trade Disputes on Renewable energy :Testing Ground for Mutually Supportiveness of WTO Law and Climate Change Law’ (2014) 23 Rev Eur Comp & Int'l Envtl L 342
Araya M., ‘The Relevance of the Environmental Goods Agreement in Advancing the Paris Agreement Goals and SDGs’ ICTSD (2016), pp.4 <https://www.ictsd.org/sites/default/files/research/the_relevance_of_the_environmental_goods_agreement_in_advancing_the_paris_agreement_goals_and_the_sdgs_0.pdf> accessed 25 December 2019
Low P., Marceau G., and Reinaud J., ‘The Interface between the Trade and Climate Change Regimes : Scoping the Issues’ WTO Economic Research and Statistic Division (2011) Staff Working Paper ERSD-2011-1, pp.18 < https://www.wto.org/english/res_e/reser_e/ersd201101_e.pdf> accessed 5 January 2020
Das K., and others, ‘Making the International Trade System Work for Climate Change’ (2018) <https://climatestrategies.org/wp-content/uploads/2018/07/CS-Report-_Trade-WP4.pdf> accessed 5 January 2020
Negotiations on trade and the environment’ (World Trade Organization) <https://www.wto.org/english/tratop_e/envir_e/envir_negotiations_e.htm> accessed 25 December 2019
‘Environmental Policies covered by Article XX’ (World Trade Organization) <https://www.wto.org/english/tratop_e/envir_e/envt_rules_exceptions_e.htm> accessed 5 January 2020
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2023 Akhtamova Yulduz
This work is licensed under a Creative Commons Attribution 4.0 International License.
