ENVIRONMENTAL EXCEPTIONS UNDER GATT ARTICLE XX AND CLIMATE CHANGE: SCOPE AND LIMITATIONS
AUTHOR – DIVYANSHU RATHORE* & DR. UJJAWAL SINGH**
* STUDENT AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA
** LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA
BEST CITATION – DIVYANSHU RATHORE & DR. UJJAWAL SINGH, ENVIRONMENTAL EXCEPTIONS UNDER GATT ARTICLE XX AND CLIMATE CHANGE: SCOPE AND LIMITATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 255-261, APIS – 3920 – 0001 & ISSN – 2583-2344.
Abstract
International trade and environmental protection have found their nexus in the age of climate change to become more controversial. At the centre of this discussion is Article XX of the General Agreement on Tariffs and Trade (GATT)[1], which contains general exceptions that allow member states to take measures that would otherwise be contrary to GATT obligations if they are required to safeguard the health or lives of people, animals, or plants, or if they have to do with conserving finite natural resources. This article scrutinizes the reach and boundaries of Article XX in relation to climate change measures, including carbon tariffs, border adjusters, and prohibition on high-carbon goods.
By doctrinal examination of WTO case law, in particular US–Shrimp, US–Gasoline, and EC–Seal Products, the article examines how the meaning assigned to the chapeau and subparagraphs (b) and (g) of Article XX determines the legality of environmental trade restrictions. It also examines whether existing WTO norms sufficiently allow for timely climate imperatives or set overly burdensome procedural and substantive requirements that unnecessarily restrict the regulatory freedom of states.
The article contends that although Article XX provides a prospective legal basis for climate action, it is constrained by strict requirements of necessity, non-discrimination, and good faith. The analysis identifies a lack of clarity, consistency, and reform of the WTO dispute resolution to reflect better the international community’s consensus on environmental protection and sustainable development. Lastly, it provides suggestions for the interpretation and, if necessary, revision of GATT provisions to ensure they are compatible with global climate objectives under the Paris Agreement.
[1] General Agreement on Tariffs and Trade art. XX, Oct. 30, 1947, 61 Stat. A-11, 55 U.N.T.S. 194.