Non-product related environmental process and production methods (NPR-PPMs): a view from international trade law and international environmental governance

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dc.contributor.advisor McIntyre, Owen en
dc.contributor.author Calle Saldarriaga, Maria Alejandra
dc.date.accessioned 2015-10-09T12:22:30Z
dc.date.issued 2014
dc.date.submitted 2014
dc.identifier.citation Calle Saldarriaga, M. A. 2014. Non-product related environmental process and production methods (NPR-PPMs): a view from international trade law and international environmental governance. PhD Thesis, University College Cork. en
dc.identifier.uri http://hdl.handle.net/10468/1999
dc.description.abstract The primary aim of this thesis is to analyse legal and governance issues in the use of Environmental NPR-PPMs, particularly those aiming to promote sustainable practices or to protect natural resources. NPR-PPMs have traditionally been thought of as being incompatible with the rules of the World Trade Organization (WTO). However, the issue remains untouched by WTO adjudicatory bodies. One can suggest that WTO adjudicatory bodies may want to leave this issue to the Members, but the analysis of the case law also seems to indicate that the question of legality of NPR-PPMs has not been brought ‘as such’ in dispute settlement. This thesis advances the argument that despite the fact that the legal status of NPR-PPMs remains unsettled, during the last decades adjudicatory bodies have been scrutinising environmental measures based on NPR-PPMs just as another expression of the regulatory autonomy of the Members. Though NPR-PPMs are regulatory choices associated with a wide range of environmental concerns, trade disputes giving rise to questions related to the legality of process-based measures have been mainly associated with the protection of marine wildlife (i.e., fishing techniques threatening or affecting animal species). This thesis argues that environmental objectives articulated as NPR-PPMs can indeed qualify as legitimate objectives both under the GATT and the TBT Agreement. However, an important challenge for the their compatibility with WTO law relate to aspects associated with arbitrary or unjustifiable discrimination. In the assessment of discrimination procedural issues play an important role. This thesis also elucidates other important dimensions to the issue from the perspective of global governance. One of the arguments advanced in this thesis is that a comprehensive analysis of environmental NPR-PPMs should consider not only their role in what is regarded as trade barriers (governmental and market-driven), but also their significance in global objectives such as the transition towards a green economy and sustainable patterns of consumption and production. en
dc.description.sponsorship College of Business and Law, University College Cork (Faculty of Law Scholarship) en
dc.format.mimetype application/pdf en
dc.language.iso en en
dc.publisher University College Cork en
dc.rights © 2014, Maria Alejandra Calle Saldarriaga en
dc.rights.uri http://creativecommons.org/licenses/by-nc-nd/3.0/ en
dc.subject International trade law en
dc.subject SCP en
dc.subject Trade barriers en
dc.subject Environmental governance en
dc.subject Environment en
dc.subject WTO en
dc.subject PPMs en
dc.title Non-product related environmental process and production methods (NPR-PPMs): a view from international trade law and international environmental governance en
dc.type Doctoral thesis en
dc.type.qualificationlevel Doctoral en
dc.type.qualificationname PhD (Law) en
dc.internal.availability Full text not available en
dc.check.info Indefinite en
dc.check.date 10000-01-01
dc.description.version Accepted Version
dc.contributor.funder College of Business and Law, University College Cork en
dc.description.status Not peer reviewed en
dc.internal.school Law en
dc.check.reason This thesis is due for publication or the author is actively seeking to publish this material en
dc.check.opt-out Yes en
dc.thesis.opt-out true
dc.check.entireThesis Entire Thesis Restricted
dc.check.embargoformat Both hard copy thesis and e-thesis en
dc.internal.conferring Spring Conferring 2015


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© 2014, Maria Alejandra Calle Saldarriaga Except where otherwise noted, this item's license is described as © 2014, Maria Alejandra Calle Saldarriaga
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