2017
DOI: 10.1093/jiel/jgx030
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Is it Rational and Consistent? the Wto’s Surprising Role in Shaping Domestic Public Policy

Abstract: What makes regulation rational? And why is rationality important to an international tribunal? In the WTO context, these questions have had significant implications for the public policy of its Member countries. The WTO Appellate Body's emerging emphasis on means-ends rationality testing is based on the questionable premise that consistent regulation is non-discriminatory. It has led regulators, such as the EU, to defend -and probably even construct -complex regulation in a way that emphasizes conformity to on… Show more

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Cited by 6 publications
(1 citation statement)
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“…Past cases under the General Agreement on Tariffs and Trade (GATT) Article XX highlight the importance of a strong regulatory rationale, with a clear means-ends relationship between a trade-restrictive regulation and its goal. 82 This means a BCA that is applied narrowly -only to primary goods in the sectors most at risk of carbon leakage -is more likely to comply with WTO rules than a BCA that applies to a larger range of goods. As a consequence there may remain a range of domestic products that face carbon charges not borne by importers.…”
Section: Carbon Pricing As a Trade Issue And The Uk Approachmentioning
confidence: 99%
“…Past cases under the General Agreement on Tariffs and Trade (GATT) Article XX highlight the importance of a strong regulatory rationale, with a clear means-ends relationship between a trade-restrictive regulation and its goal. 82 This means a BCA that is applied narrowly -only to primary goods in the sectors most at risk of carbon leakage -is more likely to comply with WTO rules than a BCA that applies to a larger range of goods. As a consequence there may remain a range of domestic products that face carbon charges not borne by importers.…”
Section: Carbon Pricing As a Trade Issue And The Uk Approachmentioning
confidence: 99%