AMICUS CURIAE BRIEF TO THE APPELLATE BODY IN BRAZIL – MEASURES AFFECTING IMPORTS OF RETREADED TYRES

The brief supports Brazil's ban on retreaded tyres, arguing that the WTO Panel correctly identified the health and environmental risks of tyre waste, specifically the propagation of diseases like malaria and dengue fever. It contends that the Panel properly applied a life-cycle approach to environmental policy and that the level of protection chosen by a Member state is its own prerogative. The authors argue against the requirement for precise quantification of risk reduction, suggesting that qualitative evidence and the precautionary principle are sufficient for justifying environmental measures under Article XX(b).

• The disposal of retreaded tyres creates significant health and environmental risks because they have a shorter life-span than new tyres and cannot be retreaded again, contributing to the accumulation of waste that facilitates the spread of diseases such as malaria and dengue fever.
• The WTO Panel's determination that Brazil's import ban was necessary under Article XX(b) was based on a correct assessment of risk as it exists in reality, rather than relying on theoretical risk management standards which are often impractical for developing countries due to lack of financial resources or technical expertise.
• The determination of the appropriate level of protection is the sole prerogative of the Member state involved, and in this case, Brazil's objective was to reduce risks from waste tyre accumulation to the maximum extent possible.
• A proper environmental analysis of retreaded tyres requires a life-cycle approach, which evaluates all impacts from production and marketing through to disposal.
• It is unnecessary for a WTO Member to provide precise mathematical quantification of a measure's impact to satisfy Article XX(b), as environmental laws are often designed under conditions of uncertainty where the precautionary principle applies.
• The evaluation of whether a measure is capable of reducing risk can be conducted in either quantitative or qualitative terms, and does not require a 'quantified laboratory formula'.

APA

Center for International Environmental Law (2007). AMICUS CURIAE BRIEF TO THE APPELLATE BODY IN BRAZIL – MEASURES AFFECTING IMPORTS OF RETREADED TYRES. https://www.ciel.org/wp-content/uploads/2015/03/Brazil_Tires_Amicus_11Oct07.pdf

Chicago

Center for International Environmental Law. AMICUS CURIAE BRIEF TO THE APPELLATE BODY IN BRAZIL – MEASURES AFFECTING IMPORTS OF RETREADED TYRES. 2007. https://www.ciel.org/wp-content/uploads/2015/03/Brazil_Tires_Amicus_11Oct07.pdf.

Wikipedia

{{cite report |author=Center for International Environmental Law |title=AMICUS CURIAE BRIEF TO THE APPELLATE BODY IN BRAZIL – MEASURES AFFECTING IMPORTS OF RETREADED TYRES |date=11 October 2007 |url=https://www.ciel.org/wp-content/uploads/2015/03/Brazil_Tires_Amicus_11Oct07.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centerforinternationalenvironmentallaw2007amicus, author = {{Center for International Environmental Law}}, title = {{AMICUS CURIAE BRIEF TO THE APPELLATE BODY IN BRAZIL – MEASURES AFFECTING IMPORTS OF RETREADED TYRES}}, institution = {Center for International Environmental Law}, year = {2007}, month = oct, url = {https://www.ciel.org/wp-content/uploads/2015/03/Brazil_Tires_Amicus_11Oct07.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }