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Consumer preferences and the National Treatment Principle: emerging environmental regulations prompt a new look at an old problem

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journal contribution
posted on 2023-06-08, 15:52 authored by Emily LydgateEmily Lydgate
Should consumers’ preference for ‘green’ products help justify,from a WTO perspective, emerging regulations such as restrictions on trade in non-sustainable biofuels? Despite the role consumer preferences have played in WTO disputes, in association with the ‘ like ’ products concept, there has not been enough focused examination of their specific influence, particularly in disputes on ethical public policy issues, such as environmental or health regulations. To this end, this paper examines key GATT Article III disputes, pointing out that they included attempts both to measure, and also to interpret, consumer preferences. The latter approach becomes more tempting when consumer preferences are difficult to measure; import bans or restrictions associated with ethical public policy regulations can bring about such a situation. A hypothetical dispute about EC biofuels sustainability criteria demonstrates this problem. Options to make the concept of consumer preferences more coherent include limitations on how they can be invoked, and an increased commitment to capturing them through measurement.

History

Publication status

  • Published

File Version

  • Published version

Journal

World Trade Review

ISSN

1474-7456

Publisher

Cambridge University Press

Issue

2

Volume

10

Page range

165-188

Department affiliated with

  • Law Publications

Full text available

  • Yes

Peer reviewed?

  • Yes

Legacy Posted Date

2013-09-20

First Open Access (FOA) Date

2013-09-20

First Compliant Deposit (FCD) Date

2013-09-20

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