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Trade and the EnvironmentFundamental Issues in International Law, WTO Law, and Legal Theory$
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Erich Vranes

Print publication date: 2009

Print ISBN-13: 9780199562787

Published to Oxford Scholarship Online: May 2009

DOI: 10.1093/acprof:oso/9780199562787.001.0001

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Ozone Protection and WTO Law

Ozone Protection and WTO Law

Chapter:
(p.353) Chapter One Ozone Protection and WTO Law
Source:
Trade and the Environment
Author(s):

Erich Vranes

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199562787.003.0010

This chapter focuses on the legal relationship, and possible conflicts of norms, between the international ozone regime and WTO law. After a brief analysis of the Vienna Convention for the Protection of the Ozone Layer, the Montreal Protocol, its amendments, and adjustments, it examines the possible conflicts of norms that may stem from the adoption of trade measures against parties not complying with the ozone regime, and conflicts with WTO law that may arise from the imposition of trade restrictions vis-à-vis states that are not party to the ozone regime. The chapter concludes that from the viewpoint of the international ozone protection regime, the often cited ‘chilling effect’ of the WTO treaty and the need to revise WTO law appear to be overstated.

Keywords:   ozone layer, conflicts of norms, ozone regime, Montreal Protocol, amendments and adjustments, trade restrictions, trade obligations, chilling effect, WTO law

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