The WTO dispute settlement system as a forum for climate litigation?

被引:2
|
作者
Asmelash, Henok [1 ,2 ]
机构
[1] Univ Birmingham, Birmingham Law Sch, Birmingham, England
[2] Univ Birmingham, Birmingham Law Sch, Birmingham B152TT, England
关键词
RENEWABLE ENERGY; SUBSIDIES; POLICY;
D O I
10.1111/reel.12490
中图分类号
X [环境科学、安全科学];
学科分类号
08 ; 0830 ;
摘要
This article examines whether and to what extent the dispute settlement system (DSS) of the World Trade Organization (WTO) could and should serve as a venue for international climate litigation. The article tackles these questions in three parts. First, it maps the nature and features of a trade-related climate litigation. Second, it considers the prospect of such litigation under existing substantive and procedural rules of the WTO. Third, it investigates whether the WTO DSS should serve as a venue for climate litigation. The article finds that while the prospect of pro-climate litigation remains limited, anti-climate litigation is likely to increase, and that the DSS is an appropriate venue for adjudicating such disputes.
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页码:321 / 333
页数:13
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