G4 Monografiaväitöskirja
Value reconciliation in trade law in light of criteria on process and production methods - a comparative study of the EU, the U.S. and the WTO
Tekijät: Jansson Max Solomon
Kustantaja: University of Turku
Kustannuspaikka: Turku
Julkaisuvuosi: 2019
Sivujen määrä: 664
ISBN: 978-951-29-7738-3
eISBN: 978-951-29-7739-0
Verkko-osoite: http://urn.fi/URN:ISBN:978-951-29-7739-0
Rinnakkaistallenteen osoite: http://urn.fi/URN:ISBN:978-951-29-7739-0
With respect to many products the threat to public health and the environment may stem from the physical properties of products. However, in recent decades emphasis has increasingly been shifted toward a more holistic understanding of the environmental impacts of products. Namely, the negative effects may not only relate to the physical properties of the end product, but may come, for example, from the emissions during the production phase. In other words, the process and production methods (PPMs) affects the environmental impacts of products.
The focus of this book is on the relationship between environmental PPM-criteria adopted by EU member states and U.S. states on the one hand and trade law on the other hand. In particular, what challenges do PPM-criteria present to established legal tests applicable under WTO law, EU free movement law and the U.S. dormant Commerce Clause? In addition, it is examined whether the legal tests reflect efficiency as a core value and whether there may be some other values reconciled under legal tests in trade law. The research questions are examined against the backdrop of recent and emerging cases relating to the renewables sector and more specifically measures such as feed-in-tariffs and renewable portfolio standards, support schemes for biofuels and sustainability criteria in public procurement.