Trade Measures to Address Environmental Concerns in Faraway Places: Jurisdictional Issues

Abstract

States sometimes restrict imports to address environmental concerns that arise from conduct outside of their territory: common examples include deforestation in foreign places or illegal fishing in the high seas. Apart from the need to comply with the agreements of the World Trade Organization (WTO), the adoption of such trade measures gives rise to two jurisdictional issues: first, the importing State might be alleged to be engaging in extraterritorial jurisdiction; and second, the importing State may affect the economic interests of indigenous communities. This article analyzes WTO jurisprudence and other international instruments. It shows that jurisdictional issues are underpinned by sov..