International trade law and the environment: Designing a legal framework to curtail the import of unsustainability produced biofuels

Abstract

Discussions on the appropriate international regime to govern trade in biofuels are in their infancy. However, a large number of countries have set minimum blending targets for biofuels. Meeting these targets will require greater production and increased international trade in biofuels. Concerns exist as to whether unsustainable practices will be used to satisfy this growing demand. There is currently no multilateral agreement governing sustainable production and trade in biofuels. In the absence of an international framework, this paper will seek to demonstrate that concerned countries may unilaterally regulate imports of unsustainably produced biofuels in a way that is consistent with international trade rules. Unilateral regulation is to be understood as a stop gap until multilateral agreement can be reached on the interaction between trade in biofuels and issues of sustainability.