Greening Trade Remedies Environmental Considerations in the Law and Practice of WTO Trade Remedies

This book explores the role of trade remedies in liberalising environmental trade and discouraging environmentally harmful trade. As trade remedies can pose a significant obstacle to environmental trade, this book outlines how trade negotiators can implement restrictions on the application of trade remedies on environmental goods. It also assesses whether and how investigating authorities can account for differences in environmental protection standards in trade remedy investigations and considers what a possible 'trade remedy' for environmental harm might look like. Although the book concludes that trade remedies will remain a trade instrument primarily driven by economic and competitiveness concerns, it demonstrates how environmental considerations can guide trade remedy policy, how investigating authorities can properly account for the environmental costs of production, and how the limited policy space available in the WTO Agreements on Trade Remedies can be used to pursue green policy goals.

Introduction.- A Role for Trade Remedies in Greening International Trade?.- WTO Rules for Greening Trade Remedies.- The Use of Trade Remedies on Green Goods.- Low Environmental Standards and the ASCM Rules.- Low Environmental Standards and the ADA Rules.- Low Environmental Standards and the SGA Rules.- Environmental Injury and Trade Remedy Rules.- Concluding Remarks.

Pieter Van Vaerenbergh is an international trade and customs lawyer in Brussels. He is also a teaching assistant for EU law at the Institute for European Law of KU Leuven, a lecturer at the Europa-Institut of Saarland University and an editorial board member for the Zeitschrift for Europarechtliche Studien (ZEuS). Pieter obtained his PhD in Law from Saarland University, where he was a research associate specialising in international trade law, trade remedies, and international dispute resolution. During his PhD research, he interned at the European Court of Justice (ECJ) and the Organisation for Economic Cooperation and Development (OECD) and coached the Saarland Vis Moot team.