Sustainable Trade and the WTO: The Compliance Dilemma

International trade, often prioritizing competitiveness, clashes with the need for climate action, particularly impacting developing countries reliant on trade. This paper examines the "compliance dilemma" - the struggle to implement climate-mitigating policies without harming these economies. While the WTO aims to incorporate sustainable development, the paper argues that current provisions within the WTO and GATT Agreements are insufficient and often lead to negative economic consequences for developing nations. For example, the EU's Carbon Border Adjustment Mechanism (CBAM), designed to reduce emissions, could harm exports from developing countries. The paper proposes establishing a WTO International Law Compliance Commission (WILCC) to align WTO rules with international law, address exploitable loopholes in trade agreements, and harmonize trade and environmental policies in collaboration with the UNFCCC. This framework seeks to ensure trade supports both climate action and sustainable economic growth for all stakeholders.

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Publication Details

Journal
International Journal of Law and Policy
Published
2024-11-29
DOI
https://doi.org/10.59022/ijlp.226
Primary Topic
World Trade Organization Law
Type
article
Field-Weighted Citation Impact
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article

Sustainable Trade and the WTO: The Compliance Dilemma

Ethan Biji
International Journal of Law and Policy
World Trade Organization Law
article

Sustainable Trade and the WTO: The Compliance Dilemma

Ethan Biji
article en

Abstract

International trade, often prioritizing competitiveness, clashes with the need for climate action, particularly impacting developing countries reliant on trade. This paper examines the "compliance dilemma" - the struggle to implement climate-mitigating policies without harming these economies. While the WTO aims to incorporate sustainable development, the paper argues that current provisions within the WTO and GATT Agreements are insufficient and often lead to negative economic consequences for developing nations. For example, the EU's Carbon Border Adjustment Mechanism (CBAM), designed to reduce emissions, could harm exports from developing countries. The paper proposes establishing a WTO International Law Compliance Commission (WILCC) to align WTO rules with international law, address exploitable loopholes in trade agreements, and harmonize trade and environmental policies in collaboration with the UNFCCC. This framework seeks to ensure trade supports both climate action and sustainable economic growth for all stakeholders.

International Journal of Law and PolicyVol. 2(11)
Christ University (IN)
Partnerships for the goals
Openalex Percentile: Top 66%
World Trade Organization Law
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