Jump to ContentJump to Main Navigation
Emissions Trading Schemes under International Economic Law$
Users without a subscription are not able to see the full content.

James Munro

Print publication date: 2018

Print ISBN-13: 9780198828709

Published to Oxford Scholarship Online: October 2018

DOI: 10.1093/oso/9780198828709.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 20 January 2021



(p.162) 9 Exceptions
Emissions Trading Schemes under International Economic Law

James Munro

Oxford University Press

Chapter 9 provides an overview of the availability and applicability of exceptions that could potentially save aspects of emissions trading schemes that otherwise violate international economic law. Drawing on the justifications set out in respect of those impugned aspects of emissions trading schemes in Chapter 8, Chapter 9 explains which of those justifications might be permissible under international economic law, and the kind of evidence that would be required to make out a successful defence. This chapter finds that justifications that are rationally connected to the goal of mitigating climate change or safeguarding financial markets, and which deploy the least trade-restrictive means possible, could form the basis of a defence in many instances. However, justifications that are grounded in other economic or social policy goals, or for which there is a less trade-restrictive means of achieving that end, will be less likely to save a measure that is otherwise a violation of international economic law.

Keywords:   exceptions, Article XX of GATT 1994, chapeau, necessity, conservation of exhaustible natural resources, least-trade-restrictive, arbitrary or unjustifiable, Paris Agreement, prudential measures

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .