Climate-Change-Related Trade Measures and Article XX: Defining Discrimination in Light of the Principle of Common but Differentiated Responsibilities

As many countries move towards adopting domestic measures to mitigate the effects of climate change, there has been extensive consideration in academic literature regarding whether unilateral trade measures could be used to offset carbon leakage and competitiveness concerns in a manner that would comply with the rules of the World Trade Organization (WTO).1 However, little consideration has been given to whether such measures would be permissible under the United Nations Framework Convention on Climate Change (UNFCCC)2 and how this could affect the outcome of a WTO dispute.