A twofold thesis that recent decisions of the World Trade Organization reveal a "marked disinclination to endorse environmental measures not linked to specific characteristics and attributes of products affected"; and that such measures "cannot avoid inconsistency" with Article III, General Agreement on Tariffs and Trade (GATT) , on internal taxes or other charges; the end of the arguments that GATT approval should be given to "process-based" environmental measures and taxes, and to measures without a protective aim or effect; recent cases: United States - Taxes on Automobiles; Reformulated and Conventional Gasoline; Japan - Taxes on Alcoholic Beverages; the United States - Measures Affecting Alcoholic and Malt Beverages; the centrally of the "product as a product"; the demise of the "aim and effect" test; consequent difficulties for environmental policy-makers.
European Energy and Environmental Law Review