Principles of International Law Relevant for Consideration in the Design and Implementation of Trade-Related Climate Measures and Policies. Report of an International Legal Expert Group.

The report offers independent guidance for governments and stakeholders by eminent legal experts on principles of international law relevant for consideration in the design and implementation of trade-related climate measures and policies. The report reviews a set of recognized principles of international law that the expert group deems especially relevant for consideration including: Sovereignty; Prevention; Cooperation; Prohibition of Arbitrary & Unjustifiable Discrimination; Sustainable Development, Equity, & CBDR-RC; and Transparency & Consultation. The vision driving this report is that shared understandings on such principles could help foster dialogue and international cooperation on the design and implementation of trade-related climate measures and policies in the context of sustainable development priorities. According to the expert group, trade-related climate measures and policies should be approached as legal hybrids. Their rationale, design, and the debates about them draw from different areas of international law relating to the environment, climate, international trade and general international law. The principles are analysed in a way that presents them as cumulative and simultaneously applicable, in a mutually supportive and coherent manner, giving full effect to all relevant parts of international law, insofar as possible

Balancing Policy Space versus Policy Constraints ? A Critical Legal Analysis of WTO Disciplines on Subsidies and Countervailing Measures.

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How Much Credit for Export Credit Support Under the SCM Agreement?

This contribution examines the degree of policy space the WTO leaves its Members to support export credits for non-agricultural goods. In the light of existing case law, it illustrates that export credit support offered by export credit agencies that aims at complementing the private trade finance market would in principle be prohibited under the SCM Agreement. However, while some low-income countries can rely on a specific exception on the prohibition on export subsidies, all WTO Members can, on the basis of the Illustrative List of Export Subsidies, justify certain subsidized export credits that are in accordance with the interest rate provisions of the OECD Arrangement. But, as the case law and the OECD Arrangement currently stand, subsidized export credit guarantees and insurance as well as subsidized short-term export credits cannot rely on this safe haven. Hence, the article shows that export credit agencies, except for those of some low-income countries, cannot play a complementary role to the private market in offering such support. Moreover, this contribution demonstrates that export credit support in accordance with the safe haven might still be countervailable and actionable. Finally, it is argued that an exception which can be modified by a subgroup of WTO Members, like the safe haven, can no longer be accepted. , Oxford University Press.

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Onderzoekseenheid Internationaal en buitenlands recht. Instituut voor Internationaal Recht.status: publishe