Legal analysis on World trade rules and relationship with national implementation of climate change measures. Demonstrates the World Trade Organization rules and agreements can be interpreted to allow flexibility for stonger national climate change measures – particularly if rules are adopted pursuant to a global climate treaty.
This legal analysis responds to concerns that have arisen in the course of consideration of national efforts to address the problem of climate change – that such measures could run afoul of international trade rules. Often the concerns are only vaguely expressed and seem designed to end rather than foster further consideration of such measures. The analysis that follows demonstrates that the WTO agreements can and have been interpreted in a way that allows ample flexibility for national measures designed to address climate change – particularly if they are adopted pursuant to a global climate treaty. Recent developments in our understanding of the global climate system demonstrate that climate change is occurring more rapidly that predicted even five years ago. The need for nations – particularly developed countries – to take aggressive and timely action to combat climate change is immediate and dire. While the political will necessary to take appropriate action may be hard to come by, this paper clearly demonstrates that WTO rules do not stand in the way of properly designed climate policies.