Pallavi, Arora and Randev, Amit (2025) The EU Battery Regulation and Circular Economy: assessing WTO compatibility and implications for developing countries. Global Trade and Customs Journal, 20 (Issue). pp. 424-434. ISSN 1569-755X
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Abstract
The increasing adoption of trade-related sustainability measures has intensified the focus on transitioning to a circular economy. A notable example is the European Union’s (EU’s) Battery Regulation (2023), which promotes circularity in the battery sector through stringent requirements on minimum recycled content, recycling efficiency, and material recovery. While these measures seek to enhance resource efficiency, they present significant challenges for developing countries, many of which lack the financial resources, waste management infrastructure, and technological capacity required for compliance. This paper examines the WTO compatibility of two key provisions of the EU Battery Regulation: (1) the minimum recycled content requirement under the Technical Barriers to Trade (TBT) Agreement and (2) the waste battery shipment obligation under the General Agreement on Tariffs and Trade (GATT). Specifically, it assesses whether these measures constitute de facto discrimination against countries with less-developed waste management systems and are more trade restrictive than necessary. Drawing on this analysis, the paper argues that World Trade Organization (WTO) panels must integrate the principles of Common but Differentiated Responsibilities and Respective Capabilities (CBDR-RC) and duty to cooperate when evaluating the WTO compatibility of trade-related sustainability measures. Doing so would prevent such measures from unduly restricting trade opportunities for developing nations while fostering a just transition toward sustainability.
Item Type: | Article |
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Keywords: | batteries | circular economy | critical minerals | CBDR-RC | duty to cooperate |
Subjects: | Social Sciences and humanities > Economics, Econometrics and Finance > Economics Social Sciences and humanities > Social Sciences > International Organizations Social Sciences and humanities > Social Sciences > Law and Legal Studies Social Sciences and humanities > Social Sciences > Public Policy |
JGU School/Centre: | Jindal Global Law School |
Depositing User: | Mr. Gautam Kumar |
Date Deposited: | 08 Jul 2025 06:07 |
Last Modified: | 08 Jul 2025 06:07 |
Official URL: | https://doi.org/10.54648/gtcj2025073 |
URI: | https://pure.jgu.edu.in/id/eprint/9785 |
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