ABSTRACT The European Union’s Carbon Border Adjustment Mechanism (CBAM) represents a significant development at the intersection of trade regulation and climate policy. Beyond its environmental objectives, CBAM has rapidly become a focal point of legal scrutiny, both within the European Union and at the World Trade Organization. This article examines CBAM through the lens of ongoing litigation, analyzing how legal challenges illuminate the conditions under which border carbon adjustments (BCAs) may be lawfully designed and assessed. Rather than treating CBAM as a settled regulatory model, the article approaches CBAM litigation as a site of legal contestation that sheds light on the scope and constraints relevant to the lawful design of BCAs. It examines how issues raised in WTO and EU proceedings – relating to non-discrimination, justification, proportionality, and regulatory flexibility – inform the legal context in which climate-related trade measures operate. In doing so, the analysis focuses on legal considerations relevant to regulatory risk and compliance expectations in the design and application of such measures. The article further situates CBAM litigation within the broader context of Asia-Pacific trade. Many economies in the region are directly affected as exporters of CBAM-covered goods, while developing domestic carbon pricing frameworks and considering their own approaches to carbon-related trade measures. In this dual capacity, Asia-Pacific economies emerge as de facto stakeholders in CBAM litigation. Understanding the legal dynamics of CBAM litigation is therefore essential not only for assessing immediate market access implications, but also for informing future regulatory choices in the evolving trade-climate landscape.

Born from the convergence of digital technologies and global commerce, cross-border e-commerce has significantly contributed to worldwide economic expansion while simultaneously giving rise to pressing difficulties in safeguarding consumer interests. Grounded in the analytical lens of international economic law, this paper draws on literature analysis and case study methods to systematically investigate the institutional frameworks for consumer protection operating at two levels—the multilateral trading system and regional trade agreements—and to analyze three practical dilemmas: the fragmentation of multilateral rules, jurisdictional conflicts and obstacles to the application of law, and governance gaps in cross-border personal data transfers. On this basis, the paper proposes a coordinated approach that includes incorporating a dedicated consumer protection chapter into World Trade Organization (WTO) e-commerce negotiations, deepening regional enforcement cooperation and strengthening the dispute resolution role of platforms, and improving domestic data protection legislation to align with international rules, with the aim of achieving an effective balance between trade liberalization and consumer protection.

Abstract Over the past century, previously underrepresented international actors have increasingly enjoyed greater access to power, based partly on growing normative commitments to democratisation and egalitarianism. That these norms can take root even in an anarchic international system shows not only how deep these commitments have become but also provides a hard test for where their limits might be. Though previous literature has investigated drivers of increased participation in international organisations, comparatively little attention has been paid to its potential effects on other sources of global governance legitimacy. We root our investigation of the potential trade-off between the participation in and efficiency of the policy-making process on recent literature, which conceptualises each as important sources of international organisations’ perceived legitimacy. We argue that while increasing participation is associated with decreasing efficiency, it is conversely associated with increasing efficiency if it can encourage new coalition building. Empirically, we find support for these trade-offs using an original dataset we created documenting the Codex Alimentarius’s policy-making process for food safety standards (the default reference the World Trade Organization uses to settle relevant trade disputes). In total, we analyse more than 500 standards developed in almost 900 standard-setting meetings documented between 1963 and 2019.

In September 2025, the World Trade Organization (WTO) Agreement on Fisheries Subsidies (AFS), which aims to prohibit fisheries subsidies fueling the overexploitation of fish stocks, entered into force. In doing so, the AFS became the first WTO instrument of international fisheries law (IFL). The AFS creates the possibility of initiating disputes before the WTO Dispute Settlement Body, which raises challenges pertaining to fragmentation stemming from differing or contradictory rulings by international courts and tribunals. This article examines the challenge of fragmentation of IFL before analyzing the potential of parallel proceedings under the AFS and the United Nations Convention on the Law of the Sea, and the possibility of indirectly litigating matters previously exempted from compulsory dispute settlement.

Indonesia’s food security framework is closely linked to its agricultural trade policies, particularly import licensing mechanisms that often function as non-tariff trade barriers to protect domestic industries. However, tensions arise when such policies conflict with international trade obligations under the World Trade Organization (WTO), as demonstrated in the dispute between Indonesia and Brazil in WTO case DS 484. This study aims to analyze the implications of the WTO DS 484 ruling on Indonesia’s import licensing regime, particularly in relation to non-tariff barriers, food security, and agricultural trade law. The research employed a normative juridical method with a descriptive-analytical approach, supported by literature review and complementary interviews with key stakeholders in the poultry sector. The findings indicate that Indonesia’s import licensing policies have undergone significant revisions to comply with WTO requirements, including the simplification of procedures and removal of certain restrictive measures. Nevertheless, these changes raise concerns regarding increased import competition, which may negatively affect the competitiveness of domestic poultry farmers. Furthermore, although import licensing remains a legitimate regulatory instrument, its application must balance compliance with international trade rules and the protection of national food security. The study concludes that Indonesia needs to strengthen domestic production capacity and pursue food sovereignty strategies to ensure long-term competitiveness while maintaining adherence to WTO obligations. These findings highlight the importance of harmonizing national trade policies with global trade frameworks without undermining the sustainability of domestic agricultural sectors.

ABSTRACT At present, the empirical evidence on how international trade affects urban concentration at the subnational level is limited. Using provincial panel data on China from 1953 to 2020, this study examines the impact of international trade on subnational urban concentration by exploiting the exogenous shock of China’s accession to the World Trade Organization in 2001. Difference-in-differences estimations show that international trade inhibits subnational urban concentration. Specifically, a one-standard-deviation increase in trade dependence leads to a 7% average reduction in subnational urban concentration. This conclusion remains robust across a series of checks. To address endogeneity concerns, we employ the nearest distance to the three major ports and the number of modern treaty ports as instrumental variables and find that the analysis results still support the above causal relationship. Mechanism analyses indicate that the negative impact of international trade on subnational urban concentration primarily occurs in provinces with dispersed trade distribution or limited government intervention.

Motivated by the current political context in the European Union, which aims to pursue a more strategic approach to green industrial policy while remaining compliant with the rules of the World Trade Organization (WTO), this article sets out to map the policy space available for combining these goals. The article starts by providing a definition and categorization of green industrial policy measures, then goes on to summarize the relevant provisions of the General Agreement on Tariffs and Trade (GATT), the Agreement on Technical Barriers to Trade and the Agreement on Subsidies and Countervailing Measures, and finally discusses how – for each of the main categories of green industrial policy: subsidies and public procurement, border measures and internal regulations – measures can be designed to be in line with WTO disciplines. It finds that the WTO framework does provide possibilities for most green industrial policy measures to pass the test if they are carefully designed to avoid trade distortions and are driven primarily by environmental objectives; but that the case law leaves important questions unresolved, in particular: (1) whether there are any safe harbours for certain types of industrial subsidies, (2) whether any difference in average treatment between domestic and foreign producers (even when entirely due to different sustainability performance) constitutes de facto discrimination, and (3) whether secondary industrial policy objectives can undermine the validity of a genuine environmental policy for the purposes of the GATT’s general exceptions clause.

Paralysis of the World Trade Organization (WTO) Appellate Body (AB) has prompted institutional innovation within the WTO dispute settlement system, most notably through the Multi-Party Interim Appeal Arbitration Arrangement (MPIA). Grounded in Article 25 of the DSU, the MPIA serves as a stop-gap mechanism to preserve appellate reviews. This article critically examines the legality, functionality, and systemic implications of appellate arbitration as a quasi-permanent alternative to AB. Drawing on treaty interpretation principles under the Vienna Convention on the Law of Treaties (VCLT), this analysis examines whether Article 25 legitimately supports appellate functions and evaluates jurisprudential consistency, procedural efficiency, and systemic resilience. It argues that while appellate arbitration introduces flexibility and party autonomy into WTO adjudication, its legal foundation remains contested and its selective adoption risks fragmenting the multilateral system. Nonetheless, appellate arbitration, if institutionalized with clearer procedural norms and broader participation, could complement AB reform efforts and enhance the adaptability of the WTO legal order. This article contributes to the debate on WTO dispute settlement reform by mapping the evolving role of arbitration in maintaining rule-based trade governance amid the geopolitical deadlock.

This study explores the alignment of digital services taxes (DSTs) with the non-discrimination provisions outlined in the General Agreement on Trade in Services (GATS) with particular attention being paid to the concept of ‘likeness’. It focuses on the Italian DST as a representative case and examines whether this measure differentiates between ‘like’ digital services and suppliers in accordance with Articles II (Most-Favoured Nation (MFN)) and XVII (National Treatment (NT)). The analysis employs a doctrinal approach and integrates a comprehensive examination of World Trade Organization (WTO) law with relevant case law and tax scholarship. This reveals that revenue thresholds and carve-outs introduce structural asymmetries in the competitive relationship between services and suppliers that may be regarded as ‘like’ under WTO criteria. The Italian DST is ostensibly neutral but disproportionately impacts large multinational platforms thereby posing a significant risk of de facto discrimination under current jurisprudence. This study expands on this insight and argues that a model DST law crafted in accordance with the GATS principles is essential to ensure that future digital taxation initiatives fulfil their fiscal objectives without violating multilateral trade regulations.

This paper examines the interpretation and application of General Agreement on Tariffs and Trade (GATT) Article XXI(b)(ii) in the context of export controls on dual-use items, a topic of increasing importance as international export control regimes grapple with ambiguities in defining the scope of such measures. While export controls are legitimate when addressing genuine security threats, their exploitation for economic advantage undermines World Trade Organization (WTO) principles. By focusing on the underexplored GATT Article XXI(b)(ii), this study provides a foundation for assessing the legality of dual-use export controls and proposes standards of proof that clarify the level of evidence required to establish facts under the burden of proof. The paper advocates for a balanced approach that acknowledges the sensitivity of security exceptions while mitigating the risk of abuse. It further emphasizes the role of multilateralism in maintaining the integrity of international trade law amidst escalating geopolitical tensions.

A fundamental rethinking of the current global trade architecture is critical to support those who have historically been left behind by globalization – developing and least developed countries (LDCs), small businesses, women and indigenous communities. The rise of digital trade holds the potential to enable developmental leapfrogging and to serve as a transformative tool for addressing existing economic inequalities. However, as international digital trade lawmaking continues to advance primarily through bilateral, regional and plurilateral platforms, the digital divide is only deepening at an alarming pace. This article seeks to revisit international digital trade lawmaking from a development lens and to propose several forward-looking ideas on placing development at the heart of future multilateral digital trade lawmaking. It begins by briefly examining the concept and historical trajectory of the development agenda within the post-World War II international trade law framework. It then provides a comprehensive examination of how and to what extent development priorities are reflected in existing digital trade agreements. By identifying critical shortcomings in the existing international digital trade law regime, this article offers reform proposals and forward-looking strategies to mainstream development into future international digital trade rulemaking, especially within the auspices of the World Trade Organization (WTO).

This research is divided in two papers. The first paper explains how Genetically Modified Organisms (GMO) have brought enormous advantages to farmers, as products can be more resistance to pests and droughts. Some countries have raised concerns regarding their use. Particularly, this paper analyses the import ban on GMO approved by Mexico (which applies only to GM corn) and Peru (which applies to all type of GM seeds and animals). These domestic measures affect international trade, as companies are unable to export certain types of GMO to Mexico and Peru. Hence, this first paper focuses on the emergence of GMO in human history and its relevance to guarantee food security and to boost international trade. Additionally, it explains some of the concerns GMO have brought. Thus, the loss of cultural heritage, the risk on food safety and the impact on biodiversity, arguments raised by Peru and Mexico to support their GMO regulation, are covered. Finally, Peru’s and Mexico’s regulation are explained as well as the current situation of these trade measures. The second paper focuses on the legal compatibility of the import bans on GMO approved by Peru and Mexico under the law of the World Trade Organization (WTO).div/div

The Revised Kyoto Convention (RKC), adopted by the World Customs Organization (WCO) in 1973 and subsequently amended in 1999, is an international legal instrument designed to streamline and standardize customs procedures and techniques across the globe. More than just a set of rules, it provides a blueprint for customs administrations worldwide to modernize their processes and operational frameworks in line with international best practices. This harmonization creates a shared understanding of customs processes, much like a common language which makes it easier for businesses involved in cross-border trade to understand and navigate regulations in the markets where they export. This, in turn, facilitates international trade, streamlines the flow of international commerce and lowers the costs associated with transactions, ultimately contributing to economic growth. This article outlines the RKC structure with a central focus is on Standard 23 within Chapter 1 of Specific Annex H, which advocates for the application of a principle of proportionality in determining penalties related to customs offenses. It suggests that the severity of the penalty must be commensurate to the gravity of the violation, investigating how this principle has influenced international and regional instruments, specifically the World Trade Organization’s Trade Facilitation Agreement (TFA) and the European Union (EU) Customs Code.

Animal welfare has evolved from an ethical principle into a binding operational standard within the European Union (EU) agri-food system. Based on a documentary analysis combining legal and veterinary sources, this short communication examines how EU law integrates welfare requirements into food safety, trade, and official controls. The findings highlight three outcomes: the institutionalization of welfare as a trade condition; its judicial recognition as a legitimate public interest; and the expansion of the veterinarian's mandate as a translator of legal norms into measurable procedures. The analysis also explores the ethical and human-rights dimensions of welfare governance, where freedom of religion and animal protection coexist under EU and World Trade Organization law. These developments demonstrate how veterinarians, as both technical and institutional actors, contribute to the effective implementation of EU welfare principles within a sustainability-oriented global market.

The article examines the role of post-clearance control in the modern system of customs administration and substantiates its significance as a strategic direction for the transformation of Ukraine’s customs system in the context of European integration. It is established that the traditional model of customs control, which is mainly focused on inspections during the customs clearance of goods, is gradually losing its effectiveness due to the rapid growth of international trade, the increasing complexity of global supply chains, and the digitalization of economic processes. Under these conditions, the transfer of a significant part of control procedures to the stage after the release of goods becomes increasingly important. The study analyzes international approaches to the organization of post-clearance control developed within the framework of the World Customs Organization, the World Trade Organization, and the legal framework of the European Union. Particular attention is paid to the EU customs practice, where post-release control functions as a key component of the risk management system and an instrument for balancing effective customs supervision with the facilitation of international trade. The paper clarifies the conceptual and terminological framework related to control procedures carried out after the completion of customs clearance and substantiates the need to distinguish between the concepts of “post-clearance control” and “post-clearance audit.” The current state of development of the post-clearance control system in Ukraine is analyzed, and the main institutional, organizational, and technological barriers that limit its effectiveness in comparison with EU practices are identified. Based on the generalization of international experience and current trends in customs administration, a strategic model for the transformation of Ukraine’s customs system through the development of post-clearance control is proposed. The study outlines key directions for improving post-release control mechanisms, including the development of risk management systems, the digitalization of customs procedures, strengthening the institutional capacity of customs audit units, and enhancing partnership interaction between customs authorities and the business community. The implementation of these approaches will contribute to improving the efficiency of customs control, optimizing customs procedures, and creating favorable conditions for the development of Ukraine’s international trade.

Free and fair trade is a cornerstone of economic growth, thereby strengthening the nations. The World Trade Organization (WTO) supports free and fair trade through Trade Remedial Laws, including Anti-dumping measures to ensure fair competition and to combat unfair trade practices. This study examines a case where a leading industrial manufacturer initiated an investigation of dumping of PVC flooring, causing material harm to domestic producers. Using qualitative research, the study highlights significant damage during the investigation period, including increased dumped imports, price cutting, and declines in market share, profitability, and efficiency. A direct link between dumped imports and material injury was established, resulting in a 30.60% antidumping duty on imports from the dumping country for five years, with exemptions for specific export-oriented or grant-in-aid projects. This case underscores the importance of regulatory measures to protect domestic industries, thus ensuring fairness in international trade. These principles apply broadly across industry to promote economic stability.

This article examines the trade policy of the European Union within the framework of the Association Agreement, with a focus on the European Union's significant role in Georgia's economic integration. It high-lights the establishment of a comprehensive free trade area, which has paved the way for Georgia to gradually align with three of the European Union's four internal market freedoms: the free movement of goods, services, and capital. The author assesses the advantages and challenges of this agreement for Georgia, particularly in terms of trade liberalization and the harmonization of Georgia's trade-related legislation with European Union standards. The study also evaluates the trade protection mechanisms in the Deep and Comprehensive Free Trade Area, the criteria for implementing anti-dumping and anti-subsidy measures, and their potential impact on Georgia's economic development. The final section of the article underscores the World Trade Organization's pivotal role in Georgia's economic transformation, outlining the prerequisites for implementing trade safeguards and comparing the functions and features of the World Trade Organization with those of the Deep and Comprehensive Free Trade Area Agreement. The author concludes that by fulfilling its obligations under the Association Agreement, Georgia can enhance its attractiveness to foreign investors, foster state institutional engagement in the transformation process, and achieve successful navigation through this complex economic transition.

International trade and investment liberalization impact national food environments via changes to the availability and affordability of foods, and may encourage the trade of ultra-processed foods (UPF). This study describes New Zealand (NZ) food and beverage imports over time, in terms of their level of food processing. United Nations Comtrade data was gathered for years 1990–2023. All Harmonized System (HS) codes related to food or non-alcoholic beverages (N = 898) were categorized according to the Nova classification system into unprocessed and minimally processed foods (G1), processed culinary ingredients (G2), processed foods (G3) and UPF (G4). The food-derivatives/additives (e.g. industrial sugars and modified oils, flavourings, texture enhancers) that are UPF inputs were classified as a subgroup of G4. Total and per capita (p.c.) imports (by volume) were calculated for all years by Nova group and subgroup. Annual tariff rates from 1996 to 2023 were obtained from the World Trade Organisation Tariff & Trade Data platform. The share of G4 in total food and beverage imports increased over the study period, from 15.7 kg p.c. (8.7% of food imports) in 1990 to 103.8 kg p.c. (21.8%) in 2023. Of all G4 subgroups, the p.c. import volume of food-derivatives/additives (UPF inputs) increased dramatically since 1990, surpassing all other UPF subgroups since 2011. Other Nova subgroups with notable import growth included wheat cereals and flours (G1), plant oils (G2), processed vegetables and fruit (G3), and sweetened/flavoured drinks (G4). Tariff rates were reduced to zero or low levels for all food products between 1990 and 2023, with notable reductions around 1996-98, and 2007/08. Tariffs were generally higher on G3 and G4 product subgroups than G1 throughout the study period, though the difference was minimal. The 34 years of progressive trade liberalization in NZ were characterised by an increasing proportion of imported products being ultra-processed foods/beverages and their inputs, underscoring the need for policy interventions to counteract the impact of these trends on food environments and population nutrition.

ABSTRACT This paper examines the impact of Afghanistan's accession to the World Trade Organization (WTO) on its Agricultural Export Performance (), with a particular focus on the effects of Trade Liberalisation (). Using the Difference‐ in‐ Differences (DIDs) methodology, we found that has a positive and statistically significant effect on , suggesting that a 1% decrease in tariffs increases export value by approximately 0.124% in Afghanistan. This result is further validated by employing Double‐Selection LASSO Regression (DSLR), Bayesian Model Averaging (BMA) and Kernel‐Based Regularised Least Squares (KRLS) machine learning techniques. Additionally, endogeneity concerns are addressed using Trade Policy Uncertainty () as an Instrumental Variable (IV), with results indicating that the estimated effects are free from endogeneity bias. Moreover, heterogeneity analysis reveals that the impact of on varies across different income levels, regions and neighbouring country classifications. Furthermore, a three‐step mediation analysis demonstrates that Trade Costs () and Resource Allocation () partially mediate the relationship between and . Based on these empirical outcomes, several policy recommendations are discussed.

International trade and climate change are among the most pressing issues confronting the global community, with their complex interplay influencing economic growth, environmental sustainability, and international relations. This research paper explores the intricate relationship between these domains, focusing on the pivotal role of the World Trade Organization (WTO) in reconciling potentially conflicting agendas. Established in 1995, the WTO has been central to regulating international trade and ensuring fair practices; however, its framework intersects with environmental policies, creating significant challenges. The primary objectives of this study are to examine the integration of trade and climate policies within the WTO framework, to identify the challenges and conflicts that arise from this intersection, and to explore potential pathways for aligning these policies. The research aims to understand how WTO jurisprudence impacts the harmonization of international trade and climate policies and to provide insights into how these conflicts might be mitigated. The study reveals that the integration of trade and climate policies presents substantial difficulties. Carbon pricing mechanisms, such as carbon taxes and emissions trading systems (ETS), often conflict with trade regulations by increasing production costs and impacting global competitiveness. High-profile WTO cases illustrate how environmental measures can be perceived as trade barriers, highlighting the tension between environmental protection and trade liberalization. Additionally, issues such as border carbon adjustments and subsidies for green technologies have shown the need for a nuanced approach that aligns trade rules with environmental objectives. The research employs a comprehensive analysis of WTO jurisprudence, including a review of landmark cases and an examination of trade and climate policies. It uses qualitative methods to assess how trade regulations intersect with environmental measures and explores both theoretical and practical aspects of policy integration. The findings underscore the necessity of reconciling trade and climate policies within the WTO framework to promote a more sustainable and equitable global future. Understanding the implications of WTO jurisprudence on these policies is crucial for policymakers, trade negotiators, and environmental advocates. The research highlights the importance of developing coherent and integrated approaches to global trade and climate governance, suggesting that the WTO has a crucial role in guiding this process by clarifying the compatibility of environmental measures with trade rules, facilitating policy dialogue, and supporting innovative solutions. Keywords: WTO Jurisprudence, International Trade, Climate Change Policies, Trade and Environment Integration and Sustainable Trade Practices.