A growing number of governments has expressed interest in fostering more effective multilateral dialogue on issues of climate, trade, and sustainable development, including through discussion of best practices and principles as a way to bolster shared understandings and cooperation. As a contribution to such discussions, TESS convened a diverse group of eminent legal experts to provide independent guidance on principles of international law relevant to the design and implementation of trade-related climate measures and policies.
International Legal Expert Group on Trade-Related Climate Measures and Policies
Publication date
13 September 2023
The expert group, which drew together leading experts on international law relating to climate, environment, trade and general international law from academic institutions in both developed and developing countries, was asked to identify a core set of recognized principles of international law relevant to trade-related climate measures and policies, to reflect on their interpretation and relevance, and to provide guidance on their implications in terms of the design and implementation of trade-related climate measures and policies. This report is the outcome of the expert group’s work.
The report reviews a set of recognized principles of international law that the expert group deems especially relevant for consideration in the design and implementation of trade-related climate measures and policies. Shared understandings around such principles could go a long way in reducing tensions and avoiding politically charged disputes at the WTO, while facilitating cooperation on inclusive trade policies that support climate action and advance sustainable development.
In addition to highlighting the relevance of these principles, the report aims to provide governments with some general guidance, which, it is hoped, could be useful in the design and implementation of trade-related climate measures and policies in a manner that bridges different areas of law coherently, while recognizing that the relevance and operation of principles will depend on the type of measure and context.
Principles Addressed in the International Legal Expert Group Report
By offering independent guidance on principles relevant for consideration, this report aims to inform and foster mutual understanding, dialogue, and international cooperation on the design and implementation of trade-related climate measures and policies in the context of sustainable development priorities.
Recommended citation: International Legal Expert Group on Trade-Related Climate Measures and Policies. (2023). Principles of international law relevant for consideration in the design and implementation of trade-related climate measures and policies. Report of an International Legal Expert Group. Forum on Trade, Environment, & the SDGs (TESS).
Event on the Principles at the WTO's Trade and Environment Week
You can view this video of a side event on Principles for consideration in the design and implementation of trade-related climate measures and policies hosted by Colombia in collaboration with TESS at the WTO's 2023 Trade and Environment Week.
Principles for the Design of Trade-Related Climate Measures and Policies
This report is a key outcome of our initiative on principles for the design of trade-related climate measures and policies.
