Environmental taxes are relatively new instruments and are likely to
constitute an essential part of countries' efforts to avoid
environmental degradation. This work analyses the extent to which
various categories of environmental taxes may be inconsistent with the
non-discrimination provisions of the General Agreement on Tariffs and
Trade 1994, and how such conflicts can be resolved within the existing
rules. As non-discrimination obligations are fundamental rules in the
multilateral trading system, such potential conflicts are of great
importance both to the régime for the liberalisation of international
trade and to environmental protection measures. The author provides a
detailed analysis of the role and nature of environmental taxes, and
assesses to what extent the relevant provisions of GATT 1994 may
impede the use of these taxes, in light of the non-discrimination
provisions, the general exceptions and the rules concerning
nullification or impairment of benefits. The work also examines in
general terms the possibilities of eliminating potential conflicts
between environmental measures and the provisions of GATT 1994.
TABLE OF CONTENTS:
PART I - INTRODUCTION - 1. Introduction: 2. Environmental Problems and
Strategies to Deal with Them - The Role of Environmental Taxes; 3.
Introduction to Relevant Rules and Principles of GATT/WTO.
PART II - INTERNAL TAXES - 4 General Introduction; 5. The Scope of
Article III; 6. Product-Similarity Clauses; 7. Domestic and Foreign
Products are Subject to Separate Tax Arrangements - Explicit
Discrimination; 8 Domestic and Foreign Products are Subject to the
Same Tax Arrangement - Implicit Discrimination.
PART III - GENERAL EXCEPTIONS - 9. General Issues; 10. Policy Purposes
Covered by Article XX; 11. Requirements Concerning the Relationship
between the Contested Measure and its Purpose; 12. The Preamble to
Article XX.
PART IV - NULLIFICATION OR IMPAIRMENT OF BENEFITS - 13. General
Introduction; 14. Violation of the Agreement; 15. Non-Violation
Nullification or Impairment; 16. Summary and Conclusions.
ANNEXES - Cases: Cases under the WTO-Agreement; Cases under GATT 1947;
Miscellaneous. Documents: WTO GATT 1947; Guide to Documents Related to
the WTO and GATT 1947; WTO Documents; GATT 1947 Documents; Preparatory
Works; League of Nations Documents; Treaties; Resolutions,
Declarations, Recommendations, etc.; Norwegian Acts and Regulations;
Norwegian Official Documents; Miscellaneous.
BIBLIOGRAPHY. INDEX.
Les mer
Produktdetaljer
ISBN
9789041177384
Publisert
2020
Utgiver
Vendor
Kluwer Law International B.V
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter