Imported Products, Pesticides, and the Environment: The Compatibility of ‘Mirror Measures’ with WTO Rules

Abstract

With the current focus being on major environmental changes, environmental measures impacting trade are expected to proliferate. Taking stock on case-law and scholarship work, this article takes the example of possible ‘mirror measures’ whereby the EU current prohibition to treat foodstuff with pesticides banned due to their adverse impacts on the environment would extend to imported products, suggesting that such measures could respect WTO law. It relies on the debate over production methods and extraterritoriality and argues that distinctions based on production methods according to their environmental impact may be admissible under the General Agreement on Tariffs and Trade (GATT). Mirror Measures, WTO, GATT, Pesticides, Environment, Sustainable Development, Green Deal, Production Methods, Imported Products, Likeness, Article XX Exceptions, Extraterritoriality, Chapeau, Dispute Settlement Body, Public Morals, PPM