Table of Contents

Research Handbook on Environment, Health and the WTO

Research Handbook on Environment, Health and the WTO

Research Handbooks on the WTO series

Edited by Geert Van Calster and Denise Prévost

This Handbook provides state-of-the-art analysis by leading authors on the links between the international trade regime and health and environment concerns – concerns that make up an increasing proportion of WTO dispute settlement. Research Handbook on Environment, Health and the WTO surveys fields as diverse as climate change mitigation, non-communicable diseases, nanotechnology and public health care. The volume brings to the fore the debates and complexities surrounding these issues and their implications for the international trading system.

Chapter 18: Emission trading schemes and WTO law: a typology of interactions

Javier de Cendra de Larragán

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


The relationship between Emission Trading Schemes (ETS) and WTO law has been intensively analyzed in the literature in recent years. For quite some time, analysis was either limited to rather theoretical studies or to examining the European Union Emissions Trading System (EU ETS). Moreover, the literature has generally focused on the relationship by looking at one particular ETS and one particular WTO agreement. This is changing, due to the increasing number of ETS that are being proposed or adopted. Moreover, this trend has led to the realization that ETS can in practice look very different indeed from each other, and certainly from the ‘textbook’ ETS. This should not come as a surprise, given that domestic legislators have to try and accommodate many different and sometimes opposing interests and concerns when designing an ETS.

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