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Environmental Natural Resources Law

Legal Issues on Climate Change and International Trade Law by Deok-Young Park

By Deok-Young Park

This booklet offers a good assessment of the criminal concerns surrounding weather swap mitigation and foreign exchange legislations. It surveys key saw and capability demanding situations posed by means of responses to weather swap when it comes to foreign exchange legislation. by way of studying the arguable matters visible in criminal circumstances within which household weather swap or renewable strength measures conflicted with overseas exchange regimes, this quantity promotes and broadens the knowledge and debate of the problems. past the famous demanding situations, this ebook uncovers power parts of clash among weather switch responses and overseas alternate merchandising through exploring earlier instances and present efforts to avoid weather switch. in addition, this quantity sheds gentle at the destiny course of foreign exchange legislations and weather swap responses, declaring that the advance of weather switch or renewable strength legislation and regulations also needs to give some thought to overseas exchange regimes in an effort to make sure the tender implementation of stated legislation and rules and ensure that overseas alternate legislation don't limit environmental coverage space.

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Extra resources for Legal Issues on Climate Change and International Trade Law

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In the US-Clove Cigarettes dispute, the measure at issue pursued the legitimate public health objective of reducing youth smoking. However, the exclusion of (mainly domestic) menthol cigarettes from the scope of the measure created a discriminatory impact in favour of menthol cigarettes vis-a-vis clove cigarettes—a distinction between the two types of cigarettes for which there was no legitimate policy justification. 25 See Marceau and Wyatt (2013, p. 291) and Marceau (2013, p. 36) for an in depth discussion of these cases.

The issue of “alternatives” has thus become particularly pertinent to WTO Members when invoking environmental or health policies to justify a trade restriction otherwise inconsistent with GATT. 15 Whether alternatives are reasonably available depends on similar factors such as (i) the extent to which the alternative measure contributes to the realization of the end pursued; (ii) the difficulty of implementation; and (iii) the trade impact of the alternative measure compared to the measure at issue in the dispute.

The very point of many such concerned measures is to influence process and production methods that contribute to or exacerbate climate change related problems. The TBT is thus an appropriate set of disciplines for application to climate change measures. If Article XX of GATT and the TBT Agreement seem to tolerate, at least conceptually, climate change related measure and even unilateral ones, there are questions and pitfalls associated with the use of policy exceptions within the WTO. As noted above, the issue is complicated by the fact that different Members may regulate differently in order to reduce GHG.

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