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

States sometimes restrict imports to address environmental concerns arising from conduct outside of their territory. Apart from the need to comply with World Trade Organization (WTO) law, these trade measures give rise to two jurisdictional issues: first, the importing State might be alleged to be engaging in extraterritorial jurisdiction (even if it is acting to protect the public morals of its citizens); and second, the importing State may affect the interests of indigenous peoples. This article analyses WTO jurisprudence and other international instruments to identify the appropriate design and application of trade measures to address environmental concerns in faraway places