The WTO dispute settlement system as a forum for climate litigation?

• DOI: 10.1111/reel.12490
• Publication Date: 2022-12-27T06:47:13Z
• Authors: Henok Asmelash

AbstractThis article examines whether and to what extent the dispute settlement system (DSS) of the World Trade Organization (WTO) could and should serve as a venue for international climate litigation. The article tackles these questions in three parts. First, it maps the nature and features of a trade‐related climate litigation. Second, it considers the prospect of such litigation under existing substantive and procedural rules of the WTO. Third, it investigates whether the WTO DSS should serve as a venue for climate litigation. The article finds that while the prospect of pro‐climate litigation remains limited, anti‐climate litigation is likely to increase, and that the DSS is an appropriate venue for adjudicating such disputes.