To protect sustainable development interests, WTO panels must consider all relevant elements. These elements vary according to different sustainable development interests. This chapter outlines the factors that WTO panels must consider when balancing these diverse interests. To avoid redundancy, I categorise these factors into four groups based on the TSDCs. They involve (1) poverty eradication and inequality reduction, (2) food security and sustainable agriculture, (3) human health and life, and (4) climate change, the ocean, and clean energy. This chapter explains how WTO panels avoid undermining any SDGs when reviewing the legality of domestic measures related to various SDGs. In other words, it addresses how to ensure that WTO members pursue one TSDC without violating others using the sustainability test. The findings in this chapter are based on a critical analysis of WTO jurisprudence. Therefore, each section will first explore the SDGs related to a TSDC, their relevance to WTO dispute settlement, and the issues in existing cases before indicating how WTO panels should balance these factors when implementing the sustainability test.

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Balancing Sustainability Elements

  • Xinyan Zhao

摘要

To protect sustainable development interests, WTO panels must consider all relevant elements. These elements vary according to different sustainable development interests. This chapter outlines the factors that WTO panels must consider when balancing these diverse interests. To avoid redundancy, I categorise these factors into four groups based on the TSDCs. They involve (1) poverty eradication and inequality reduction, (2) food security and sustainable agriculture, (3) human health and life, and (4) climate change, the ocean, and clean energy. This chapter explains how WTO panels avoid undermining any SDGs when reviewing the legality of domestic measures related to various SDGs. In other words, it addresses how to ensure that WTO members pursue one TSDC without violating others using the sustainability test. The findings in this chapter are based on a critical analysis of WTO jurisprudence. Therefore, each section will first explore the SDGs related to a TSDC, their relevance to WTO dispute settlement, and the issues in existing cases before indicating how WTO panels should balance these factors when implementing the sustainability test.