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Global Environmental Protection through Trade

A Systematic Approach to Extraterritoriality Barbara Cooreman, former Fellow, Europa Institute, Leiden University, the Netherlands and Aerospace and Defence Industries Association of Europe, Brussels, Belgium
Despite an increasing global awareness of environmental concerns, setting internationally binding and ambitious commitments has proven exceedingly complex. As states are seeking alternative methods to support global environmental protection, this book takes a closer look at the possibility of using national trade measures that make market access conditional on the environmental impact of the production process abroad.
Extent: 336 pp
Hardback Price: $150.00 Web: $135.00
Publication Date: 2017
ISBN: 978 1 78643 438 8
Availability: In Stock
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  • Environment
  • Environmental Law
  • Law - Academic
  • Environmental Law
  • International Economic Law, Trade Law
Despite an increasing global awareness of environmental concerns, setting internationally binding and ambitious commitments has proven exceedingly complex. As states are seeking alternative methods to support global environmental protection, this book takes a closer look at the possibility of using national trade measures that make market access conditional on the environmental impact of the production process abroad.

Inspired by accepted practice in other fields of law, Barbara Cooreman illustrates that the extraterritorial character of these environmental trade measures is not necessarily inconsistent with WTO law by proposing an extraterritoriality decision tree for trade measures targeting foreign production processes. Identifying key challenges through varied case studies, the author demonstrates that states can indeed use their market to further environmental progress, when the state's environment is affected and where a minimum level of international legal support exists for the environmental concern at issue. The book shows that current WTO laws leave more room for action than often thought and concludes that WTO law is no excuse for environmental inaction.

Practical and comparative, this book will appeal to scholars of both environmental and trade law. It also offers a valuable tool to aid judges and lawmakers alike in determining the lawfulness of a measure.
‘This fascinating and highly readable volume constructs a decision-making framework to help in appraising the practice of extraterritoriality in environmental law. In building a “decision-tree” it places emphasis upon the location of the environmental concern and the degree of multilateral support for the measure in question. The volume will be essential reading for academics and practitioners grappling with the challenge of how to enhance the contribution that individual states can make to protecting the global environment whilst preventing powerful states from overreaching the limits of their jurisdiction.’
– Joanne Scott, University College London, UK

‘This is an important work which identifies the space left by the law of the World Trade Organization to address global or extraterritorial environmental concerns. By suggesting a new decision model, the author sheds further analytical light on the undertheorized implied jurisdictional clause of Article XX (g) GATT, referred to by the Appellate Body in US – Shrimp. This practical model, which the author goes on to apply to a number of well-known cases, is most useful to guide states and WTO decision-makers in striking an adequate balance between free trade imperatives and global environmental concerns.’
– Cedric Ryngaert, Utrecht University, the Netherlands
Contents: Preface 1. Introduction PART I: INTRODUCING ENVIRONMENTAL TRADE MEASURES 2. Product or process: Outlining the scope of trade law 3. The (extra)territorial reach of national measures under WTO law PART II: THEORETICAL FRAMEWORK FOR AN EXTRATERRITORIALITY DECISION TREE 4. A broader perspective on extraterritoriality 5. The proposal of a WTO extraterritoriality decision tree PART III: CASE STUDIES 6. The application of the extraterritoriality decision tree: case studies 7. Concluding chapter: outlook and final remarks Index