The Role of Using Processes and Production Methods in International Trade Law to Achieve the Sustainable Consumption and Production Goals: Challenges and Opportunities for Asian Countries

The Sustainable Consumption and Production (SCP) Goals focus on minimizing environmental impacts and maximizing socio-economic benefits. The shift toward SCP, therefore, has been promoted after the pandemic, particularly in low- and middle-income countries (LMICs). Nevertheless, LMICs are far behind in the race. Since the majority of Asian countries are LMICs, of which 13 countries are low-income countries, the shift toward SCP would be tremendously significant. One of the most effective methods to achieve SCP would be the Processes and Production Methods (PPMs) which is also a crucial issue in the relationship between trade and the environment. The paper will analyze the importance of PPMs in the shift toward SCP. Recently, numerous PPMs-related issues have been witnessed in Asia, such as the issue of genetically modified organisms (GMOs) products approval as the greater demand for food sources in the most crowded countries–China and India) and the most recent hotly-debated law case between European Union and Indonesia about biofuels. The paper will scrutinize the legality of trade-related PPMs measures in the 1994 General Agreement on Tariffs and Trade, Oct. 30, 1947, 61 Stat. A-11, 55 U.N.T.S. 194 [hereinafter GATT 1994]. (the GATT 1994), the Sanitary and Phytosanitary Agreement (The SPS Agreement), and the Technical Barriers to Trade Agreement (the TBT Agreement) to shed light on obstacles Asian developing countries are facing in practicing PPMs in the pathway toward SCP patterns. Finally, the paper will propose some recommendations on how to produce sound PPMs measures for Asian developing countries, such as promulgating consultation with other stakeholders before implementing PPMs, enhancing technical aid and fund from developed countries, and setting regional PPMs-related standards.