The WTO Dispute Settlement System as a forum for climate litigation?
"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."
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The ETUI is co-funded by the European Union. Views and opinions expressed are however those of the author(s) only and do not necessarily reflect those of the European Union or the ETUI.