Chapter 6. Unilateral Measures and Article XX

Abstract

This chapter analyzes the consistency of unilateral environmental trade restrictions with customary international law regarding the jurisdictional competence of states, international environmental law and World Trade Organization (WTO) law. Against the backdrop of this analysis, it considers to what extent WTO law permits the use of unilateral trade measures to address international environmental problems. The chapter determines the jurisdictional nexus that is required to justify unilateral measures under Article XX. It also considers other conditions that should be met for such measures to pass the tests in Article XX. This analysis leads to the conclusion that unilateral environmental trade measures can be justified under Article XX in a manner that is consistent with the jurisdictional competence of states and international environmental law. The chapter reviews the evolution of Article XX interpretations with respect to this issue in the context of key principles of general international law and international environmental law.Keywords: Article XX; international environmental law; unilateral trade measures; World Trade Organization (WTO)