Environmental unilateralism and the Chapeau of Article XX GATT: the ‘Line of Equilibrium’ and the question of ‘Differently Situated’ countries

Leonelli, Giulia Claudia ORCID: 0000-0001-9567-3280 (2023) Environmental unilateralism and the Chapeau of Article XX GATT: the ‘Line of Equilibrium’ and the question of ‘Differently Situated’ countries. Journal of World Trade, 57 (5). pp. 709-730. ISSN 1011-6702 (In Press)

Text (A Fresh Look at the Aim-and-Effects Debate EU – Palm Oil and the Centrality of the Chapeau of Article XX GATT) - Published Version Download (148kB)

• Author

Abstract

The EU is adopting a set of unilateral trade-related measures that are designed to produce specific environmental effects. Increasing recourse to environmental leverage triggers an array of questions surrounding the treatment of ‘differently situated’ (including developing and least developed) countries. This article critically examines the extent to which the Chapeau (introductory clause) of Article XX GATT requires regulating Members to differentiate the treatment of ‘differently situated’ countries where the same relevant conditions prevail, or take their different prevailing conditions into account at the regulatory design or regulatory implementation stage. It finds that the dispute settlement organs’ narrow interpretative approach cannot do justice to the claims of ‘differently situated’ countries, but has several beneficial implications in environmental protection terms. As the climate crisis spirals out of control, the environmental cost of differentiation has become too high. Regulating Members should rather combine stringent unilateral standards with truly ambitious enabling and capacity-building strategies.

Item Type:	Article
Official URL:	https://kluwerlawonline.com/journalarticle/Journal...
Additional Information:	© 2023 Kluwer Law International
Divisions:	Law
Subjects:	G Geography. Anthropology. Recreation > GE Environmental Sciences K Law
Date Deposited:	29 Sep 2023 16:57
Last Modified:	12 Dec 2024 03:53
URI:	http://eprints.lse.ac.uk/id/eprint/120327

Actions (login required)

View Item