Environmental policy, non-product related process and production methods and the law of the World Trade Organization / by Amber Rose Maggio.

Format:

Book

Author/Creator:

Maggio, Amber Rose, Author.

Series:

European yearbook of international economic law. EYIEL monographs 1

EYIEL Monographs - Studies in European and International Economic Law, 2524-6658 ; 1

Language:

English

Subjects (All):

International law.

Commerce.

Environmental law, International.

Environmental law.

Environmental policy.

International Economic Law, Trade Law.

International Environmental Law.

Environmental Law/Policy/Ecojustice.

Local Subjects:

International Economic Law, Trade Law.

International Environmental Law.

Environmental Law/Policy/Ecojustice.

Physical Description:

1 online resource (XX, 258 p.)

Edition:

1st ed. 2017.

Place of Publication:

Cham : Springer International Publishing : Imprint: Springer, 2017.

Summary:

This book explores the legal regime of non-product related process and production methods (NPR PPMs) in the context of trade-restrictive environmental measures, eco-labelling requirements and sanitary measures under the WTO. These issues serve as concrete, representative examples that raise broader questions about the legitimacy of the WTO dispute settlement system and help to explore the true position of WTO members in this complex legal regime. NPR PPMs are process and production methods that do not affect the product as such, meaning that there is no discernible difference in two products with different NPR PPMs. This work examines WTO states’ attempts to regulate in this regard and create product distinctions on the basis of NPR PPMs. To do so, it scrutinizes historical, institutional, substantive and case-law issues related to NPR PPMs, environmental policy and the WTO. Further, the book addresses the issues of legitimacy, regulatory space and reform, contributing to the lively debate on the future of the WTO.

Contents:

1 Introduction

2 Methodology – Sovereignty, Hohfeld and Coercion

3 Historical Development of the WTO DSS and National Environmental and Public Health Regulation

4 The Judicial Function of the WTO

5 Trade Restrictive Environmental Measures and the GATT

6 Environmental Cases under the GATT

7 Trade Restrictive Environmental Measures and the TBT

8 Environmental Cases under the TBT

9 NPR PPMs and the SPS

10 Relevant Case Law under the SPS

11 Conclusion.

Notes:

Includes bibliographical references and index.

ISBN:

3-319-61155-0

978-3-319-61155-6

978-3-319-61154-9

978-3-319-87016-8