Questions of Compatibility with WTO Law of Trade Measures Under a New Climate Change Protocol

This memorandum addresses two questions. The first is, based on the provisions of the agreement reached at the Copenhagen summit, what would be the legal implications under WTO law, if a signatory state imposes trade measures to persuade a non-signatory state to adhere to the agreement. The second question asks what are the legal consequences under WTO law if a climate change protocol requires signatory states to impose trade measures against other signatory states in cases of non-compliance.

Authors: Alicia Giraudel and Benedikt Pirker

Clinic: Graduate Institute, Spring 2010

Beneficiary: Oxfam International

The full report can be accessed and downloaded here.

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