This book explores the legal regime of non-product related process and production methods (NPR PPMs) in the context of trade-restrictive environmental measures, eco-labelling requirements and sanitary measures under the WTO. These issues serve as concrete, representative examples that raise broader questions about the legitimacy of the WTO dispute settlement system and help to explore the true position of WTO members in this complex legal regime.
NPR PPMs are process and production methods that do not affect the product as such, meaning that there is no discernible difference in two products with different NPR PPMs. This work examines WTO states' attempts to regulate in this regard and create product distinctions on the basis of NPR PPMs. To do so, it scrutinizes historical, institutional, substantive and case-law issues related to NPR PPMs, environmental policy and the WTO. Further, the book addresses the issues of legitimacy, regulatory space and reform, contributing to the lively debate on the future of the WTO.
1 Introduction.- 2 Methodology - Sovereignty, Hohfeld and Coercion.- 3 Historical Development of the WTO DSS and National Environmental and Public Health Regulation.- 4 The Judicial Function of the WTO.- 5 Trade Restrictive Environmental Measures and the GATT.- 6 Environmental Cases under the GATT.- 7 Trade Restrictive Environmental Measures and the TBT.- 8 Environmental Cases under the TBT.- 9 NPR PPMs and the SPS.- 10 Relevant Case Law under the SPS.- 11 Conclusion.