Global Governance through Trade
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Global Governance through Trade

EU Policies and Approaches

  • Leuven Global Governance series

Edited by Jan Wouters, Axel Marx, Dylan Geraets and Bregt Natens

The 'new generation' of EU trade policies aims to advance public goods - such as promoting sustainable development, protecting human rights and enhancing governance in third states. These developments raise important questions surrounding extraterritoriality, coherence and legitimacy. In Global Governance through Trade leading scholars provide a cohesive overview of relevant papers and case studies to answer these questions and provide an in-depth assessment of the European Union's new trade policies.
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Chapter 12: Reaching out for green policies – national environmental policies in the WTO legal order

Petros C. Mavroidis

Abstract

The World Trade Organization (WTO) does not squarely address the issue of the jurisdictional ambit of national policies affecting trade. Yet, absent some agreement as to what trading nations can and cannot do, the WTO loses much of its effectiveness. In the absence of explicit regulation of the issue in the WTO contract, one would reasonably expect WTO Members to behave in line with the postulates governing allocation of jurisdiction embedded in public international law. WTO practice evidences neither an explicit acceptance nor a refusal of these rules.

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