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Journal of International Economic Law Advance Access published online on September 24, 2009
Journal of International Economic Law, doi:10.1093/jiel/jgp033
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© Oxford University Press 2009, all rights reserved

Climate Change and Unresolved Issues in WTO Law

Bradly J. Condon*

* Professor and Director, Centre for International Economic Law, Faculty of Law, Instituto Tecnologico Autonomo de Mexico (ITAM), Mexico City, and Senior Fellow, Tim Fischer Centre for Global Trade and Finance, Bond University, Australia. E-mail: bcondon{at}gmail.com.


  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.


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