Trade and the Environment

Mehr zum Buch

The relevance of the WTO legal system for environmental protection is a key focus in international law, particularly concerning the interplay between WTO law and efforts to safeguard the environment. This relationship has gained prominence in discussions surrounding fragmentation in international law. The analysis presented explores the 'horizontal' interactions between WTO law and other international legal frameworks, as well as the 'vertical' relationship between WTO law and domestic legislation. By employing established legal theories, the study aims to enhance clarity in legal arguments. The findings are applied to two significant instances of international regime interplay: the implications of WTO law for measures aimed at protecting the earth's climate and the ozone layer. The book tackles various controversial topics within WTO and general international law, such as conflicts of norms and their resolution, the role of international law in WTO proceedings, extraterritorial jurisdiction, unilateral trade measures, and the principles of proportionality and balancing interests. Additionally, it examines the core disciplines of the GATT and the TBT Agreement, along with process and production-based measures (PPMs) in WTO law, and their relevance to climate protection and ozone layer preservation.