The Law of Environmental "PPMs" in the WTO: Debunking the Myth of Illegality

World Trade Organization (WTO) rules do not forbid government Members from utilizing an environment-related import ban linked to the processes and production methods (PPMs) used in exporting countries. The myth that PPMs violate world trade law pervades the "trade and environment" debate, and is one reason why so many environmentalists are wary of the WTO. This Article presents a new taxonomy of PPMs. It distinguishes three different kinds of trade measures, and analyzes the status of each under WTO rules.

Understanding the correct legal status of different types of PPMs is a necessary first step toward resolving disputes over the use of such environmental instruments.