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XVIII. Trade Related Issues

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Chapter Summary

The air pollution protocols clearly stipulate that measures taken to reduce air pollutants should not constitute an arbitrary or unjustifiable discrimination or a disguised restriction on international competition and trade. As such, possible trade related restrictions related to air pollution, such as the exclusion of imported fuels or vehicles that fail to meet prescribed pollutant levels, need to be very carefully crafted so as not to breach international trade rules. Very similar issues are apparent with the climate regime, as multiple variations exist whereby the products or processes of one country could be restricted by another, in an attempt to control greenhouse gas emissions. The primary obligation relating to the detrimental trade in ODS is in Article 4 of the Protocol which prohibited the export of ODS to non-Parties, and the import of ODS from non-Parties.

Keywords: air pollution protocols; detrimental trade; ODS; trade related restrictions

10.1163/ej.9789004145207.i-405.77
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