Restricting biofuel imports in the name of the environment: how does the application of WTO rules affect developing countries?

Ahamat, Haniff and Abdul Rahman, Nasarudin (2014) Restricting biofuel imports in the name of the environment: how does the application of WTO rules affect developing countries? Journal of East Asia and International Law, 7 (1). pp. 51-78. ISSN 1976-9229 (P) 2287-9218 (O)

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Abstract

There are calls for biofuel imports from countries to be restricted. The imports which are either in the form of end-product (biothanol or biodiesel)or feedstock (oil palm, sugar cane molasses, etc) are allegedly produced in ways which can threaten the environment and violate human rights. This article finds that there is no specific regime for trade in biofuels within the WTO system. Hence any restriction on such trade is governed by the existing trade regimes including tariffs and non-tariff measures. However, the existing WTO tariff and non-tariff (TBT, anti-dumping and anti-subsidy)regimes are still inadequate in ensuring that measures are taken against biofuel feedstock and products that were produced in sustainable ways. The use of these measures without being subject to clear defining rules will create a danger that they serve a protectionist rather than social or environmental objectives.

Item Type:	Article (Journal)
Additional Information:	3742/37051
Uncontrolled Keywords:	WTO law, international environmental law, renewable energy, like products sustainable development, special & differential treatment.
Subjects:	J Political Science > JX International law K Law > K Law (General)
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User:	Dr Haniff Ahamat
Date Deposited:	24 Jun 2014 16:24
Last Modified:	24 Jun 2014 16:24
URI:	http://irep.iium.edu.my/id/eprint/37051

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