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Climate Change, Regulatory Policy and the WTO

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  • Andrew Green

Abstract

Climate change has come to be seen as a major global environmental challenge. This paper examines the extent to which WTO rules constrain countries' ability to address climate change through domestic regulatory policies such as standards, labels, voluntary agreements and domestic emissions trading programs. In particular, it examines three broad types of constraints. First, it discusses the extent to which domestic regulatory mea-sures may conflict with national treatment provisions of GATT and the Technical Barriers to Trade Agreement. Second, it discusses procedural con-straints on domestic regulatory action, including from requirements related to scientific evidence. Finally, it discusses the 'necessity' or least restrictive means tests under GATT and the TBT Agreement. The paper argues that existing WTO rules provide members with some scope to take action on climate change. However, they do constrain domestic regulatory policy, and the debate about future institutional changes will be central to how effectively global environmental issues such as climate change will be addressed. Copyright 2005, Oxford University Press.

Suggested Citation

  • Andrew Green, 2005. "Climate Change, Regulatory Policy and the WTO," Journal of International Economic Law, Oxford University Press, vol. 8(1), pages 143-189, March.
    • Handle: RePEc:oup:jieclw:v:8:y:2005:i:1:p:143-189
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    Cited by:

    1. 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.
    2. Nelson, Douglas & Puccio, Laura, 2021. "Nihil novi sub sole: The Need for Rethinking WTO and Green Subsidies in Light of United States – Renewable Energy," World Trade Review, Cambridge University Press, vol. 20(4), pages 491-508, October.
    3. Thomas L. Brewer, 2010. "Trade Policies and Climate Change Policies: A Rapidly Expanding Joint Agenda," The World Economy, Wiley Blackwell, vol. 33(6), pages 799-809, June.
    4. Nitya Nanda & Ratnakar Adhikari & Puspa Sharma & Paras Kharel, 2012. "Trade and climate change : South Asian agenda at the UNFCCC and the WTO," Regional Economic Integration: Challenges for South Asia during turbulent times (Edited volume), in: Saman Kelegama (ed.), Regional Economic Integration : Challenges for South Asia during turbulent times (Edited volume), edition 1, volume 1, chapter 13, pages 227-251, South Asia Watch on Trade, Economics and Environment.

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