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Dr hab. Maciej Nyka
ORCID: 000-0003-0786-7785
Professor of Law at the Faculty of Law and Administration, University of Gdansk. Expert in environmental law. Member of Maritime Law Commission of Polish Academy of Science. His research focuses on environmental protection in Polish, international and EU Law. He is especially interested in marine waters protection, climate change legislation, application of trade regulatory measures for achieving environmental goals, biodiversity and nature protection law. He is also interested in natural
DOI: 10.33226/0137-5490.2020.8.4
JEL: K32

The aim of this article is to analyze the potential impact of international climate law on the trade liberalization. Flexibility mechanisms introduced by the Kyoto protocol and Paris agreement result in the creation of trade-related environmental measures. Those measures are created by the states in their national policies aiming at implementation of flexibility mechanisms into national legal orders. Trade-related environmental measures are not directly identified by the WTO law. This creates a situation where such measures may be challenged in the WTO dispute resolution system. Article shows potential threats and tries to underline axiological common ground between climate change law and WTO law, which enable wider acceptance of the use of trade-related environmental measures between the WTO members.

Keywords: trade-related environmental measures; environmental protection; environmental law; climate law; Paris Agreement; UNFCCC

Professor of Law at the Faculty of Law and Administration, University of Gdansk. Expert in environmental law. Member of Maritime Law Commission of Polish Academy of Science. His research focuses on environmental protection in Polish, international and EU Law. He is especially interested in marine waters protection, climate change legislation, application of trade regulatory measures for achieving environmental goals, biodiversity and nature protection law. He is also interested in natural resources regulation and management. His side interest are space law and public health law. His current research is connected with Earth system law and liability in the climate change regime.