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Application Of The Principle Of Sustainable Development: Practical Consequences

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Chapter Summary

The application of the principle of sustainable development is a possible way of addressing the intersection between the rules of trade treaties and the environmental and social values inherent in the climate agreements. Public international law, which includes international trade and climate law, can and should ensure that both areas are geared to facilitating sustainable development. It is therefore necessary to employ a balanced, integrated legal analysis towards this common end. This chapter outlines an approximation of the various elements that such a test could entail. It is suggested that a legal sustainability test includes the following components: (1) identification of the affected interests, (2) primary sustainability of the measures (the type and strength of the interest protected by the trade restrictive measure), (3) secondary sustainability of the measure (broader sustainability), (4) proportionality of means and ends, and (5) procedural aspects.

Keywords: climate agreements; international trade; public international law; sustainable development



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