Book contents
- Frontmatter
- Contents
- Contributors
- List of figures
- List of tables
- List of abbreviations
- Preface
- PART I Climate change mitigation: scientific, political and international and trade law perspectives
- PART II Climate change mitigation and trade in goods
- PART III Trade in renewable energy sources
- PART IV Climate change mitigation and trade in services
- PART V Climate change and technology transfer, investment and government procurement: legal issues
- PART VI Institutional challenges and the way forward
- 19 Institutional challenges to enhance policy co-ordination — how WTO rules could be utilised to meet climate objectives?
- 20 Environmental goods and services: the Environmental Area Initiative approach and climate change
- Index
- References
19 - Institutional challenges to enhance policy co-ordination — how WTO rules could be utilised to meet climate objectives?
from PART VI - Institutional challenges and the way forward
Published online by Cambridge University Press: 04 August 2010
Book contents
- Frontmatter
- Contents
- Contributors
- List of figures
- List of tables
- List of abbreviations
- Preface
- PART I Climate change mitigation: scientific, political and international and trade law perspectives
- PART II Climate change mitigation and trade in goods
- PART III Trade in renewable energy sources
- PART IV Climate change mitigation and trade in services
- PART V Climate change and technology transfer, investment and government procurement: legal issues
- PART VI Institutional challenges and the way forward
- 19 Institutional challenges to enhance policy co-ordination — how WTO rules could be utilised to meet climate objectives?
- 20 Environmental goods and services: the Environmental Area Initiative approach and climate change
- Index
- References
Summary
Introduction
The debate on the relationship between the United Nations Framework Convention on Climate Change (UNFCCC) and the Kyoto Protocol on the one hand and the World Trade Organization (WTO) on the other hand raises both old and new issues. The old issues are those which have been discussed in the General Agreement on Tariffs and Trade (GATT)/WTO trade and environment debate for the past fifteen years, in particular the relationship between multilateral environmental agreements (MEAs) and the world trading system and the treatment of process and production methods, among others. The main new elements are the sense of urgency which characterises the climate change debate, as well as the range of different policy measures which may be needed to reach carbon emissions targets; these measures may concern several WTO agreements, including the GATT, the Agreement on Technical Barriers to Trade (TBT), the Agreement on Sanitary and Phytosanitary Measures (SPS), the Agreement on Subsidies and Countervailing Measures (SCM), the General Agreement on Trade in Services (GATS) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Moreover, the solutions chosen to curb emissions of greenhouse gases (GHGs) may vary from country to country, or groups of countries may get together to implement common regional solutions, thus adding to the diversity of possible scenarios.
- Type
- Chapter
- Information
- International Trade Regulation and the Mitigation of Climate ChangeWorld Trade Forum, pp. 371 - 394Publisher: Cambridge University PressPrint publication year: 2009
References
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, ‘WTO dispute settlement and human rights’, European Journal of International Law 13 (2002), 753–814.Google Scholar
, ‘Fragmentation in international law: the relationship between WTO law and general international law — a few comments from a WTO perspective or the search to understand non-WTO dispute’, in Finnish Yearbook of International Law (Leiden: Martinus Nijhoff, 2006), vol. 17, p. 31.
, ‘Trade and environment after the Shrimps — Turtle litigation’, Journal of World Trade 34 (2000), 73–88.Google Scholar
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, ‘Multilateral Environmental Agreements (MEAs) and WTO rules: why the “burden of accommodation” should shift to MEAs’, Journal of World Trade 35 (2001), 1215–33.Google Scholar
, ‘The observership of intergovernmental organizations in WTO post-Doha: is there political will to bridge the divide?’, Journal of World Intellectual Property 5 (2002), 477–89.Google Scholar
, ‘Applicable law in WTO dispute settlement proceedings’, Journal of World Trade 35 (2001), 499–19.Google Scholar
, International Law and the Environment (Oxford University Press, 2002).
and ‘Amicus curiae participation in WTO dispute settlement: reflections on the past decade’, in (eds.), Key Issues in WTO Dispute Settlement — The First Ten Years (World Trade Organization/Cambridge University Press, 2005).
, ‘The place of WTO and its law in the international legal order’, European Journal of International Law 17 (2006), 969–84.Google Scholar
, ‘A call for coherence in international law — praises for the prohibition against “clinical isolation” in WTO dispute settlement’, Journal of World Trade 33 (1999), 87–152.Google Scholar
, ‘Conflict of norms and conflicts of jurisdiction — the relationship between the WTO Agreement and MEAs and other treaties’, Journal of World Trade 35 (2001), 1081–131.Google Scholar
, ‘WTO dispute settlement and human rights’, European Journal of International Law 13 (2002), 753–814.Google Scholar
, ‘Fragmentation in international law: the relationship between WTO law and general international law — a few comments from a WTO perspective or the search to understand non-WTO dispute’, in Finnish Yearbook of International Law (Leiden: Martinus Nijhoff, 2006), vol. 17, p. 31.
, ‘Trade and environment after the Shrimps — Turtle litigation’, Journal of World Trade 34 (2000), 73–88.Google Scholar
, ‘The WTO legal system: sources of law’, American Journal of International Law 92 (1998), 398–413.Google Scholar
, Conflict of Norms in Public International Law — How WTO Law Related to Other Rules of International Law (Cambridge University Press, 2003).
, ‘How to win a World Trade Organization dispute based on non-World Trade Organization law — questions of jurisdiction and merits’, Journal of World Trade, 37 (2003), 997–1030.Google Scholar
, ‘The domain of WTO Dispute Resolution’, Harvard International Law Journal 40 (1999), 333–77.Google Scholar
EC — Sardines, European Communities — Trade Description of Sardines, Appellate Body report, WT/DS231/ABR, adopted 12 January 2000, DSR 2002:VIII, paragraphs 156–9.
US — Shrimp, United States — Import Prohibition of Certain Shrimp and Shrimp Products, Appellate Body report, WT/DS58/AB/R, DSR 1998:VII.
US — Shrimp (Article 21.5 — Malaysia), United States — Import Prohibition of Certain Shrimp and Shrimp Products — Recourse to Article 21.5 of the DSU by Malaysia, Appellate Body report, WT/DS58/AB/RW, adopted 21 November 2001, DSR 2001:XIII, paragraphs 130–4.
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