IDEAS home Printed from https://ideas.repec.org/p/euv/dpaper/20.html
   My bibliography  Save this paper

The Extrajurisdictional Effects of Environmental Measures in the WTO Law Balancing Process

Author

Listed:
  • Ulrike Will

    () (Faculty of Business Administration and Economics, European University Viadrina, Frankfurt (Oder))

Abstract

Environmental protection policies become relevant in WTO law if they lead to extrajurisdictional effects. These effects might have different benchmarks, and may restrict free trade rules or competing policy goals. Although both forms of extrajurisdictional effects occur in WTO case law, this differentiation extends further than has been previously discussed. This paper refers to Article XX GATT and the Articles 2.1 and 2.2 TBT. Despite some vague legal terms leading to large discretions, the necessity test respectively the ‘relating to’ requirements and the exclusion of disguised discrimination are capable of resolving conflicts between environmental measures and free trade rules conclusively. However, if the benchmark is a competing environmental policy measure, both measures can refer to the same rule. If both environmental measures then fulfil the balancing requirements, but the realization of both regulatory goals is not possible, the balancing process results in stalemate. This paper considers two approaches to resolving such a collision: the comparison of the intensity of extrajurisdictional effects, and the re-evaluation of the regulatory goal. It is asserted that both approaches contain shortcomings.

Suggested Citation

  • Ulrike Will, 2015. "The Extrajurisdictional Effects of Environmental Measures in the WTO Law Balancing Process," Discussion Paper Series RECAP15 20, RECAP15, European University Viadrina, Frankfurt (Oder).
  • Handle: RePEc:euv:dpaper:20
    as

    Download full text from publisher

    File URL: https://www.europa-uni.de/de/forschung/institut/recap15/downloads/recap15_DP020.pdf
    File Function: Revised version,
    Download Restriction: no

    More about this item

    Keywords

    Extrajurisdictional Effects; Extraterritorial Jurisdiction; Environment; Trade; Balancing; Regulatory Autonomy;

    NEP fields

    This paper has been announced in the following NEP Reports:

    Statistics

    Access and download statistics

    Corrections

    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:euv:dpaper:20. 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: (Daniel Becker). General contact details of provider: http://edirc.repec.org/data/fwffode.html .

    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.