REDD: Addressing the Drivers – A case for the WTO?

The briefing contends that addressing international drivers of deforestation is essential for the success of REDD+ and is legally permissible under both UNFCCC and WTO frameworks. It asserts that UNFCCC Article 3.5 does not prohibit trade-impacting measures as long as they are not arbitrary or disguised restrictions. Furthermore, it highlights that the WTO allows trade-related measures to protect the environment, specifically citing GATT Article XX exceptions for protecting life, health, and exhaustible natural resources. The authors point to at least fifteen existing Multilateral Environmental Agreements (MEAs) that incorporate trade measures as precedent, arguing that collective action within the UNFCCC would demonstrate the 'good faith negotiations' often required by WTO arbitration panels. The document concludes that ignoring international drivers due to perceived WTO conflicts risks 'leakage' and undermines the goal of halting forest loss.

• The UNFCCC framework allows for measures that affect international trade, provided they are not 'arbitrary or unjustifiable discrimination or a disguised restriction on international trade' as per Article 3.5.
• The WTO does not supersede the UNFCCC and explicitly permits members to adopt trade-related measures for environmental protection, including GATT Article XX(b) for protecting 'human, animal or plant life or health' and Article XX(g) for the 'conservation of exhaustible natural resources'.
• There is established precedent for trade-related environmental policy, with at least fifteen Multilateral Environmental Agreements (MEAs) currently in force that use trade measures such as export/import bans, taxes, fees, and labelling requirements to monitor trade, ensure compliance, and enforce agreements.
• Addressing international and transboundary drivers of deforestation is a critical component of REDD+; failure to do so creates a risk of 'leakage' or 'free-riders' that could undermine global efforts to stop forest loss.

APA

Center for International Environmental Law (n.d.). REDD: Addressing the Drivers – A case for the WTO? https://www.ciel.org/wp-content/uploads/2014/11/REDD_WTO_4Jun2013.pdf

Chicago

Center for International Environmental Law. REDD: Addressing the Drivers – A case for the WTO? n.d. https://www.ciel.org/wp-content/uploads/2014/11/REDD_WTO_4Jun2013.pdf.

Wikipedia

{{cite report |author=Center for International Environmental Law |title=REDD: Addressing the Drivers – A case for the WTO? |url=https://www.ciel.org/wp-content/uploads/2014/11/REDD_WTO_4Jun2013.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centerforinternationalenvironmentallawndredd, author = {{Center for International Environmental Law}}, title = {{REDD: Addressing the Drivers – A case for the WTO?}}, institution = {Center for International Environmental Law}, url = {https://www.ciel.org/wp-content/uploads/2014/11/REDD_WTO_4Jun2013.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }