Emissions Trading and WTO Law

Emissions Trading and WTO Law

A Global Analysis

Felicity Deane

Emissions Trading and WTO Law examines the global trade issues that arise as a result of the introduction of emissions trading frameworks. The book focusses specifically on the rules of the WTO, as a tool to demonstrate where the boundaries exist for acceptable interference with international trade. In doing so, Felicity Deane addresses the thorny issue of the potential global impact of emissions trading frameworks.

Chapter 3: The law of the WTO and emissions trading

Felicity Deane

Subjects: law - academic, environmental law, international economic law, trade law


The World Trade Organization (WTO) rules represent an additional level of consideration for any domestic government introducing new economic measures. Nation states who agree to participate as WTO Members agree to be bound by the obligations of membership. This includes the requirement that governments of those states adhere to the rules as decided by WTO Members. The purpose of this chapter is to provide background information on the relationship between emissions trading and the WTO. In doing this, a broader picture is required of the convergence of trade and the environment, and more specifically, of trade and climate change. This chapter is divided into three substantive parts. The first part provides an overview of the formation and structure of the WTO. The current significance of the WTO in international law must be considered in light of its historical development. Its history both informs the purpose of the WTO and provides an understanding of the rules that Members accept as a condition of membership. With this in mind, my first task here is to place the WTO within the context of its development. The second part of this chapter explains the relevance of the law of the WTO to the emissions trading domestic schemes. Three arguments are advanced to demonstrate this relevance. First, it is suggested that domestic legal frameworks must comply with WTO law to ensure the ends pursued by the WTO continue to feature in the international political landscape.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information