In 2012, the Appellate Body delivered its reports on three disputes dealing with yet unresolved issues of the Agreement on Technical Barriers to Trade, such as its applicability to non-product related processes and production methods and the interpretation of its non-discrimination clause and its so-called necessity requirement. The reports in US - Clove Cigarettes, US - Tuna II and US - COOL inform future policies pursued to achieve non-trade objectives. On a broader picture, they contribute to the debate on preserving policy space for non-trade concerns. The paper outlines conclusions to be drawn from these reports for climate policy-makers and their consequences to exporting interests of developing countries. Particular focus is put on the interpretation given to the non-discrimination clause.
Journal of World Trade