Changing Realities: Evolution and extraterritoriality within article XX(G) of GATT for global environmental concerns

Vij, Vintika (2023) Changing Realities: Evolution and extraterritoriality within article XX(G) of GATT for global environmental concerns. Trade, Law andDevelopment, 14 (2). pp. 195-238. ISSN 0975-3346

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Abstract

This paper aims to expand the environmental exception within General Agreement on Tariffs and Trade (GATT) to include limited extraterritoriality. The author poses an inquiry to ascertain whether the concept of common concern may be used for such inclusion, if one can import it into the Covered Agreements of the Marrakesh Agreement. The current environmental exception is unable to withstand the true pressure of global climate change. It leaves a World Trade Organization (WTO) Member with insufficient defence against another country’s actions harming the environment. Through evolutionary interpretation, we can align the reality of the current environmental crisis with a Member’s WTO obligations. The objective of sustainable development and the concept of common concern of humankind may be used to expand the scope of Article XX(g) through evolutive interpretation based on both ordinary meanings of a term and the living instrument approach. This style of interpretation cannot be used to infringe rights of other WTO Members. The paper, thus, advocates for a balanced approach through a limited form of extraterritoriality by expanding the scope of Article XX(g) to tackle these issues, without adding or diminishing their rights or obligations.

Item Type: Article
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 06 Jul 2023 06:57
Last Modified: 06 Jul 2023 06:57
Official URL: https://www.tradelawdevelopment.com/index.php/tld/...
URI: https://pure.jgu.edu.in/id/eprint/6283

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