IDEAS home Printed from
   My bibliography  Save this article

Climate Change and Unresolved Issues in WTO Law


  • Bradly J. Condon


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. Oxford University Press 2009, all rights reserved, Oxford University Press.

Suggested Citation

  • Bradly J. Condon, 2009. "Climate Change and Unresolved Issues in WTO Law," Journal of International Economic Law, Oxford University Press, vol. 12(4), pages 895-926, December.
  • Handle: RePEc:oup:jieclw:v:12:y:2009:i:4:p:895-926

    Download full text from publisher

    File URL:
    Download Restriction: Access to full text is restricted to subscribers.

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    1. Daniel Esty, 1994. "Greening the GATT: Trade, Environment, and the Future," Peterson Institute Press: All Books, Peterson Institute for International Economics, number 40.
    2. Arvind Subramanian, 1992. "Trade Measures for Environment: A Nearly Empty Box?," The World Economy, Wiley Blackwell, vol. 15(1), pages 135-152, January.
    Full references (including those not matched with items on IDEAS)


    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.

    Cited by:

    1. Steve Charnovitz, 2014. "Green Subsidies and the WTO," RSCAS Working Papers 2014/93, European University Institute.
    2. Carol McAusland & Nouri Najjar, 2015. "Carbon Footprint Taxes," Environmental & Resource Economics, Springer;European Association of Environmental and Resource Economists, vol. 61(1), pages 37-70, May.
    3. Charnovitz, Steve, 2014. "Green subsidies and the WTO," Policy Research Working Paper Series 7060, The World Bank.
    4. Robert Ackrill & Adrian Kay, 2010. "WTO Regulations and Bioenergy Sustainability Certification – Synergies and Possible Conflicts," Working Papers 2010/9, Nottingham Trent University, Nottingham Business School, Economics Division.

    More about this item


    Access and download statistics


    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:oup:jieclw:v:12:y:2009:i:4:p:895-926. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Oxford University Press) or (Christopher F. Baum). General contact details of provider: .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.