The WTO Consistency of the European Union Timber Regulation
Journal of World Trade 48:2, pp.433-456, April 2014
KU Leuven Centre for Global Governance Studies Working Paper No. 120
29 Pages Posted: 29 Apr 2014
Date Written: September 2013
Abstract
The Timber Regulation is the EU’s latest addition to its regulatory framework on forestry governance. This paper begins with an overview of the substantive provisions of the Regulation and then briefly addresses two comparable initiatives: the American Lacey Act and the Australian Illegal Logging Prohibition Bill. The second part of the paper focuses extensively on the WTO consistency of the Regulation, based on an analysis of Articles XI, III, and I GATT. In the view of the authors, although the EU Timber Regulation is likely to violate at least one substantive WTO provision, it is probably justifiable on the basis of Article XX GATT. The approach taken in the Timber Regulation may serve the EU in achieving non-trade objectives by restricting access to its market.
Keywords: EUTR, EU Timber Regulation, Lacey Act, Illegal Logging Prohibition Bill
JEL Classification: K33
Suggested Citation: Suggested Citation