Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

PDF

University of Pennsylvania Carey Law School

University of Pennsylvania Journal of International Law

Journal

233

Articles 1 - 1 of 1

Full-Text Articles in Law

Examining The Inadequacy Of The Gatt's Rules-Exceptions Paradigm In The Fight Against Climate Change: The Case For A Wto Climate Waiver, Sarah Ahmad Jan 2023

Examining The Inadequacy Of The Gatt's Rules-Exceptions Paradigm In The Fight Against Climate Change: The Case For A Wto Climate Waiver, Sarah Ahmad

University of Pennsylvania Journal of International Law

With the gradual deterioration of climate change, the World Trade Organization (“WTO”) faces a dilemma: how much leeway can the institution give its members to pursue trade-restrictive climate action while safeguarding the strength and integrity of the international trading system? The nexus between trade and climate change has become increasingly recognized, with the first-ever “trade day” to be held at this year’s COP28. This linkage gives rise to the question of how the General Agreement on Trade and Tariffs (“GATT”), laying the legal foundations for the WTO, accommodates members’ mitigatory climate action. In this regard, the GATT strictly separates the …