There's a new paper posted on SSRN by Stephanie Switzer, a regular commenter on this blog, entitled "International Trade Law and the Environment: Designing a Legal Framework to Curtail the Import of Unsustainably Produced Biofuel." Here's the abstract:
"Discussions on the appropriate international regime to govern trade in biofuels are in their infancy. However, a large number of countries have set minimum blending targets for biofuels in their transport fuels sector. Meeting these targets will require greater production and increased international trade in biofuels. Concerns exist with regard to whether unsustainable practices will be used to satisfy this growing demand. There is currently no multilateral agreement governing sustainable production and trade in biofuels. In the absence of an international framework, this paper will seek to demonstrate that concerned countries may unilaterally regulate imports of unsustainably produced biofuels in a way that is consistent with international trade rules. Unilateral regulation is to be understood as a stop gap until multilateral agreement can be reached on the interaction between trade in biofuels and issues of sustainability."
From the paper itself, here is a key bit related to using GSP schemes to promote clean biofuels:
"It is contended that one option open to developed country policy makers would be to institute a scheme of additional tariff preferences in favour of developing countries adhering to certain sustainability standards in the production of biofuel feedstocks. Numerous multilateral conventions could be referred to in the promulgation of any such scheme such as to provide ‘broad based recognition of a particular need.’ Examples include the Kyoto Protocol which denotes international concern for GHG emissions and could be used as a reference base for possible sustainability standards which look to emissions levels over the life cycle of the biofuel, including issues such as land clearance and deforestation. The Convention on Biological Diversity and CITES may also be relevant."
