This paper discusses allocation of burden of proof in environmental disputes in the WTO system. Besides laying down the natural principles that (i) the complainant carries the burden to (ii) make a prima facie case that its claim holds, WTO adjudicating bodies have said little of more general...

Sustainable energy policy is one of the biggest challenges the world faces today. The necessity of mitigating climate change and shifting to cleaner energy sources points to the need for a far more coherent approach to today's fragmented global energy governance. This approach has to take into...

This paper will focus on the international legal framework concerning the Russo-Ukrainian gas disputes, particularly exploring one multilateral instrument, the Energy Charter Treaty (hereafter: ECT) and a new 'Energy Initiative' issued by the Kremlin, officially called 'Conceptual Approach to...

The use of propensity score methods for program evaluation with non-experimental data typically requires the propensity score be estimated, often with a model whose specification is unknown. While theoretical results suggest that estimators utilizing more flexible propensity score specifications...

Busse empirically explores the linkages between environmental regulations and international trade flows. So far, empirical studies either have failed to find any close statistical relationship or have delivered questionable results due to data limitations. Using a comprehensive new database for...

Canada-Renewable Energy presented the WTO Panel and Appellate Body (AB) with a novel issue: at the heart of the dispute was a measure adopted by the province of Ontario whereby producers of renewable energy would be paid a premium relative to conventional power producers. Some WTO Members...

This paper assesses the scope for and implications of trade measures for environmental purposes in the WTO and the European Union. The assessment is illustrated by a number of cases that have tested the limits of legal provisions in the WTO and EU dealing with issues arising at the intersection...

International trade law scholarship has offered different approaches for assessing how international trade law impacts domestic policy space for developing nations. However, much of this scholarship has failed to address the realities of how domestic policy implementation affects development...

This paper asks how countries can implement their commitments to limit the increase in the global average temperature under the recent Paris Agreement on Climate Change for agriculture. An initial examination of the relevant trade rules and case law indicates that they appear unable to legally...

This article explores various opportunities for government procurement practices that could contribute to achieving the European Kyoto targets and the diffusion of innovative energy technologies. It examines the potential for conflict between 'climate-friendly' public purchasing, on the one...