EU Policies and Approaches
Edited by Jan Wouters, Axel Marx, Dylan Geraets and Bregt Natens
Chapter 12: Reaching out for green policies – national environmental policies in the WTO legal order
AbstractThe 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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