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The WTO Dispute Settlement System as a Forum for Climate Litigation?

Asmelash, Henok (2022) The WTO Dispute Settlement System as a Forum for Climate Litigation? Working Paper. University of Birmingham.



This article examines whether and to what extent the Dispute Settlement System (DSS) of the World Trade Organization (WTO) could and should serve as a venue for international climate litigation. The article tackles these questions in three parts. First, it maps the nature and features of a trade-related climate litigation. Second, it considers the prospect of such litigation under existing substantive and procedural rules of the WTO. Third, it investigates whether the WTO DSS should serve as a venue for climate litigation. The article finds that while the prospect of pro- climate litigation remains limited, anti- climate litigation is likely to increase, and that the DSS is an appropriate venue for adjudicating such disputes.

Type of Work:Monograph (Working Paper)
School/Faculty:Colleges (2008 onwards) > College of Arts & Law
Department:Birmingham Law School, Institute of European Law
Date:14 November 2022
Series/Collection Name:IEL Working Papers
Subjects:K Law > K Law (General)
Copyright Status:This material is copyright of the author and/or third parties. The intellectual property rights in respect of this work are as defined by The Copyright Designs and Patents Act 1988 or as modified by any successor legislation. Any use made of information contained in this material must be in accordance with that legislation and must be properly acknowledged.
Copyright Holders:© The Author
ID Code:4122

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