Sustainable Production and Trade Discrimination: An Analysis of the WTO

ACDI - Anuario Colombiano de Derecho Internacional

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Field Value
 
Title Sustainable Production and Trade Discrimination: An Analysis of the WTO
Sustainable Production and Trade Discrimination: An Analysis of the WTO Jurisprudence
 
Creator Calle Saldarriaga, María Alejandra
 
Subject International trade law and the environment, Non-discrimination obligations under the GATT and the TBT Agreement, Processes and production methods, De facto discrimination, WTO jurisprudence
International trade law and the environment, Non-discrimination obligations under the GATT and the TBT Agreement, Processes and production methods, De facto discrimination, WTO jurisprudence.
 
Description This article aims to examine the legality of trade measures addressing environmental conditions of production (PPMs) in the context of non-discrimination provisions under the General Agreement on Tariffs and Trade (GATT)  and the Agreement on Technical Barriers to Trade (TBT Agreement).  It shows that the notion of de facto discrimination is still a sensitive subject in the analysis of origin-neutral measures, including those based on environmental PPMs. Much of the discussion regarding PPMs focuses on the issue of ‘like products’. The interpretation of ‘likeness’ has also served to classify PPMs into the two categories of product related and non-product related. Such distinction rests on how the PPM affects the final product. However, it is important to analyse to what extent these measures can accord less favourable treatment to like products. The author argues that this requires a competition analysis. This article also elucidates how depending upon the applicable law (the TBT Agreement or the GATT) PPMs are likely to face different legal challenges, particularly in terms of less favourable treatment. The author also assesses the possibility of transposing concepts such as ‘legitimate regulatory distinctions’ stemming from the TBT jurisprudence into GATT cases involving PPMs, and whether there will be an additional ‘test’ for PPMs characterised as TBT measures. This article is based on an extensive literature review and doctrinal legal research
This article aims to examine the legality of trade measures addressing environmental conditions of production (PPMs) in the context of non-discrimination provisions under the General Agreement on Tariffs and Trade (GATT)  and the Agreement on Technical Barriers to Trade (TBT Agreement).  It shows that the notion of de facto discrimination is still a sensitive subject in the analysis of origin-neutral measures, including those based on environmental PPMs. Much of the discussion regarding PPMs focuses on the issue of ‘like products’. The interpretation of ‘likeness’ has also served to classify PPMs into the two categories of product related and non-product related. Such distinction rests on how the PPM affects the final product. However, it is important to analyse to what extent these measures can accord less favourable treatment to like products. The author argues that this requires a competition analysis. This article also elucidates how depending upon the applicable law (the TBT Agreement or the GATT) PPMs are likely to face different legal challenges, particularly in terms of less favourable treatment. The author also assesses the possibility of transposing concepts such as ‘legitimate regulatory distinctions’ stemming from the TBT jurisprudence into GATT cases involving PPMs, and whether there will be an additional ‘test’ for PPMs characterised as TBT measures. This article is based on an extensive literature review and doctrinal legal research.
 
Publisher Universidad del Rosario
 
Contributor

 
Date 2018-02-26
 
Type info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion


 
Format application/pdf
 
Identifier https://revistas.urosario.edu.co/index.php/acdi/article/view/6543
10.12804/revistas.urosario.edu.co/acdi/a.6543
 
Source ACDI - Anuario Colombiano de Derecho Internacional; Vol. 11 (2018): ACDI
Annuaire Colombien de Droit International - ACDI; Vol. 11 (2018): ACDI
Colombian Yearbook of International Law - CYIL; Vol. 11 (2018): ACDI
2145-4493
2027-1131
10.12804/revistas.urosario.edu.co/acdi/vol112018
 
Language spa
 
Relation https://revistas.urosario.edu.co/index.php/acdi/article/view/6543/5032
https://revistas.urosario.edu.co/index.php/acdi/article/view/6543/6242
https://revistas.urosario.edu.co/index.php/acdi/article/view/6543/6243
https://revistas.urosario.edu.co/index.php/acdi/article/view/6543/6244
 
Rights Copyright (c) 2018 ACDI - Anuario Colombiano de Derecho Internacional
http://creativecommons.org/licenses/by-nc/4.0
 

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