{"title":"WTO争端解决机制作为气候诉讼的论坛?","authors":"H. Asmelash","doi":"10.1111/reel.12490","DOIUrl":null,"url":null,"abstract":"This article examines whether and to what extent the Dispute Settlement System (DSS) of the World Trade Organization (WTO) could and should serve as a venue for international climate litigation. The article tackles these questions in three parts. First, it maps the nature and features of a trade-related climate litigation. Second, it considers the prospect of such litigation under existing substantive and procedural rules of the WTO. Third, it investigates whether the WTO DSS should serve as a venue for climate litigation. The article finds that while the prospect of pro-climate litigation remains limited, anti-climate litigation is likely to increase, and that the DSS is an appropriate venue for adjudicating such disputes.","PeriodicalId":143587,"journal":{"name":"Review of European, Comparative & International Environmental Law","volume":"69 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2022-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The WTO dispute settlement system as a forum for climate litigation?\",\"authors\":\"H. Asmelash\",\"doi\":\"10.1111/reel.12490\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This article examines whether and to what extent the Dispute Settlement System (DSS) of the World Trade Organization (WTO) could and should serve as a venue for international climate litigation. The article tackles these questions in three parts. First, it maps the nature and features of a trade-related climate litigation. Second, it considers the prospect of such litigation under existing substantive and procedural rules of the WTO. Third, it investigates whether the WTO DSS should serve as a venue for climate litigation. The article finds that while the prospect of pro-climate litigation remains limited, anti-climate litigation is likely to increase, and that the DSS is an appropriate venue for adjudicating such disputes.\",\"PeriodicalId\":143587,\"journal\":{\"name\":\"Review of European, Comparative & International Environmental Law\",\"volume\":\"69 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-12-26\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Review of European, Comparative & International Environmental Law\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1111/reel.12490\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Review of European, Comparative & International Environmental Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1111/reel.12490","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
The WTO dispute settlement system as a forum for climate litigation?
This article examines whether and to what extent the Dispute Settlement System (DSS) of the World Trade Organization (WTO) could and should serve as a venue for international climate litigation. The article tackles these questions in three parts. First, it maps the nature and features of a trade-related climate litigation. Second, it considers the prospect of such litigation under existing substantive and procedural rules of the WTO. Third, it investigates whether the WTO DSS should serve as a venue for climate litigation. The article finds that while the prospect of pro-climate litigation remains limited, anti-climate litigation is likely to increase, and that the DSS is an appropriate venue for adjudicating such disputes.