The Burden of Proof in National Treatment Disputes and the Environment
The basic legal instrument in the WTO Agreement regulating domestic environmental policies is the GATT National Treatment (NT) provision. The practical ambit of this clause is largely determined by the allocation of the burden of proof (BoP) in NT disputes. The purpose of this paper is to examine the role of this burden for trade liberalization and for the environment, in a situation where imports may cause environmental damage. The paper finds that there may be a tension between NT and environmental concerns, but that this is not likely to arise in the context of severe threats to the environment. In any event, relieving regulating countries of the BoP will have fundamentally unclear implications for the environment.
|Date of creation:||02 Mar 2009|
|Date of revision:|
|Publication status:||Published in Developing Countries in the WTO Legal System, Thomas, Chantal, Trachtman, Joel (eds.), 2009, pages 1-1, Oxford University Press.|
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- Song Shin, H, 1996.
"Adversarial and Inquisitorial Procedures in Arbitration,"
124, Economics Group, Nuffield College, University of Oxford.
- Hyun Song Shin, 1998. "Adversarial and Inquisitorial Procedures in Arbitration," RAND Journal of Economics, The RAND Corporation, vol. 29(2), pages 378-405, Summer.
- Shin, Hyun Song, 1997. "Adversarial and Inquisitorial Procedures in Arbitration," CEPR Discussion Papers 1722, C.E.P.R. Discussion Papers.
- Bagwell,K. & Staiger,R.W., 1998.
"An economic theory of GATT,"
15, Wisconsin Madison - Social Systems.
- Henrik Horn, 2006.
"National Treatment in the GATT,"
American Economic Review,
American Economic Association, vol. 96(1), pages 394-404, March.
- Chris William Sanchirico, 2008. "A Primary-Activity Approach to Proof Burdens," The Journal of Legal Studies, University of Chicago Press, vol. 37(1), pages 273-313, 01.
- Horn, Henrik & Mavroidis, Petros C., 2008. "The Permissible Reach of National Environmental Policies," Working Paper Series 739, Research Institute of Industrial Economics, revised 20 Jun 2008.
- Giovanni Maggi & Robert W. Staiger, 2008. "On the Role and Design of Dispute Settlement Procedures in International Trade Agreements," NBER Working Papers 14067, National Bureau of Economic Research, Inc.
- Sumeet Gulati & Devesh Roy, 2008. "National Treatment and the optimal regulation of environmental externalities," Canadian Journal of Economics, Canadian Economics Association, vol. 41(4), pages 1445-1471, November.
- Horn, Henrik & Mavroidis, Petros C., 2009. "Burden of Proof in Environmental Disputes in the WTO: Legal Aspects," Working Paper Series 793, Research Institute of Industrial Economics.
- Baksi, S. & Ray Chaudhuri, A., 2008. "Transboundary Pollution, Trade Liberalization, and Environmental Taxes," Discussion Paper 2008-78, Tilburg University, Center for Economic Research.
- Ferrara, Ida & Missios, Paul & Murat Yildiz, Halis, 2009. "Trading rules and the environment: Does equal treatment lead to a cleaner world?," Journal of Environmental Economics and Management, Elsevier, vol. 58(2), pages 206-225, September.
- Kamal Saggi & Nese Sara, 2008. "National Treatment At The Wto: The Roles Of Product And Country Heterogeneity," International Economic Review, Department of Economics, University of Pennsylvania and Osaka University Institute of Social and Economic Research Association, vol. 49(4), pages 1365-1394, November.
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