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Climate Change and Unresolved Issues in WTO Law

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  • Bradly J. Condon

Abstract

This article analyzes several unresolved issues in World Trade Organization (WTO) law that may affect the WTO-consistency of measures that are likely to be taken to address climate change. How should the WTO deal with environmental subsidies under the General Agreement on Tariffs and Trade (GATT), the Agreement on Agriculture and the Subsidies and Countervailing Measures (SCM) Agreement? Can the general exceptions in GATT Article XX be applied to other agreements in Annex 1A? Are processing and production methods relevant to determining the issue of 'like products' in GATT Articles I and III, the SCM Agreement and the Antidumping Agreement and the TBT Agreement? What is the scope of paragraphs b and g in GATT Article XX and the relationship between these two paragraphs? What is the relationship between GATT Article XX and multilateral environmental agreements in the context of climate change? How should Article 2 of the TBT Agreement be interpreted and applied in the context of climate change? The article explores these issues. Oxford University Press 2009, all rights reserved, Oxford University Press.

Suggested Citation

  • Bradly J. Condon, 2009. "Climate Change and Unresolved Issues in WTO Law," Journal of International Economic Law, Oxford University Press, vol. 12(4), pages 895-926, December.
    • Handle: RePEc:oup:jieclw:v:12:y:2009:i:4:p:895-926
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    File URL: http://hdl.handle.net/10.1093/jiel/jgp033
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    Citations

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    Cited by:

    1. Steve Charnovitz, 2014. "Green Subsidies and the WTO," RSCAS Working Papers 2014/93, European University Institute.
    2. Carol McAusland & Nouri Najjar, 2015. "Carbon Footprint Taxes," Environmental & Resource Economics, Springer;European Association of Environmental and Resource Economists, vol. 61(1), pages 37-70, May.
    3. Marcel Franke & Bernhard K. J. Neumärker, 2022. "A Climate Alliance through Transfer: Transfer Design in an Economic Conflict Model," World, MDPI, vol. 3(1), pages 1-14, February.
    4. Robert Ackrill & Adrian Kay, 2010. "WTO Regulations and Bioenergy Sustainability Certification – Synergies and Possible Conflicts," NBS Discussion Papers in Economics 2010/9, Economics, Nottingham Business School, Nottingham Trent University.
    5. Shuai Chen & Jiameng Yang, 2023. "Environmental Pollution Liability Insurance Pricing and the Solvency of Insurance Companies in China: Based on the Black–Scholes Model," IJERPH, MDPI, vol. 20(2), pages 1-21, January.
    6. Charnovitz, Steve, 2014. "Green subsidies and the WTO," Policy Research Working Paper Series 7060, The World Bank.

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