This article explores the controversial international trade of e-waste and investigates the possibility of whether a World Trade Organization (WTO) member can regulate or restrict the importation of e-waste. It establishes that because the e-waste is being classified as a ‘good’ the General Agreement on Tariffs and Trade(GATT) becomes applicable. By referring to previous WTO jurisprudence, specifically the Brazil-Retreaded Tyres case, this article argues that an import ban on e-waste is likely to be justified under Article XX(b), which relates to the measures that are ‘necessary to protect human, animal, or plant life or health’. This is provided the measure satisfies the two-step requirements of Article XX, particularly the arduous requirements of the chapeau.
Global Trade and Customs Journal