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

This amicus curiae brief, submitted by a coalition of NGOs including the Center for International Environmental Law (CIEL), supports the WTO Panel's finding that Brazil's import prohibition on retreaded tyres is necessary under Article XX(b) of the GATT. The brief argues that the Panel correctly identified the health and environmental risks associated with tyre waste accumulation and that the measure is capable of reducing these risks, emphasizing a life-cycle approach to environmental policy and the prerogative of member states to set their own levels of protection.

• The disposal of tyre waste is a global health and environmental issue, specifically because waste tyres facilitate the spread of mosquitoes and diseases such as dengue fever and malaria, and contain hazardous chemicals that are difficult to dispose of safely.
• Trade in retreaded tyres is identified as a factor that increases health and environmental problems in importing states because retreaded tyres have a shorter lifespan and cannot be retreaded a second time.
• The brief supports the Panel's determination that Brazil's import ban is necessary under Article XX(b), asserting that the Panel correctly analyzed the risks of tyre waste and the measure's ability to address them without committing legal error under DSU Article 11.
• The brief argues that risk should be assessed based on real-world conditions rather than theoretical risk management standards, noting that such standards are often impractical for developing countries due to lack of financial resources, technical expertise, or institutional capacity.
• The determination of the 'appropriate level of protection' is a sovereign prerogative of the WTO Member; in this case, Brazil's chosen level is to reduce risks from waste tyre accumulation to the maximum extent possible.
• The brief advocates for a 'life-cycle approach' to environmental policy, which evaluates all impacts of a product from production and marketing through to disposal, arguing that excluding disposal from the risk analysis would be a failure of this holistic approach.
• The brief contends that proving a measure is 'capable' of reducing risk does not require precise mathematical quantification or laboratory formulas, as environmental laws are often designed under conditions of scientific uncertainty and may rely on qualitative evidence or the precautionary principle.

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} }