In a series of recent disputes arising under the TBT Agreement, the Appellate Body has interpreted Article 2.1 to provide that discriminatory and trade-distortive regulation could be permissible if based upon a “legitimate regulatory distinction.” In its recent compliance decision in the...

Government regulators have shown considerable interest in encouraging businesses to participate in voluntary environmental programs and practice environmental stewardship in ways that go beyond what regulations require. At the same time, researchers have increasingly worked to understand how...