Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

The Problem of Unequal Access to Unilateral Measures

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

This chapter shows how the authorization of unilateral trade measures under General Agreement on Tariffs and Trade (GATT) Article XX creates a problem of unequal access to the rights provided by that provision, due to the effect that market power has on access to the right. It begins with discussion of the extent to which unilateral measures may be effective in resolving the problem of free riders in international environmental protection. The chapter considers the analogous situation of the use of countermeasures under the World Trade Organization (WTO) Dispute Settlement Understanding (DSU), where the effective use of trade measures to enforce dispute settlement rulings is complicated by variations in the market power of WTO members. Indeed, some argue that interpreting WTO rules to prevent use of unilateral trade measures to protect the environment could exacerbate free rider problems and inhibit the negotiation of cooperative solutions to global environmental problems.

Keywords: dispute settlement rulings; GATT; unequal access; unilateral trade measures



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Environmental Sovereignty and the WTO: Trade Sanctions and International Law — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation