The Potential Clash of Climate Change Policy and International Trade Law, Tulane University School of Law

Business Law BriefNbr. IV-1, October 2007

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I. International Trade Policy and Renewabl e Fuels.The Ethanol Tariff.National Treatment Most Favored Nation Treatment. Defense of Regional Agreements under GATT Defense of the Ethanol Tariff .U.S. Ethanol Subsidies .II. Climate Change Legislation and International Trade .Allowance Purchase Requirements and National Treatment. Affirmative Defenses under GATT Article XX. The Article XX(g) Defense .The Chapeau to Article XX. Conclusion

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The Potential Clash of Climate Change Policy and International Trade Law, Tulane University School of Law

Matthew Nicely,is a partner at Thompson Hine LLP where he focuses on international trade law, including trade remedies, customs, export controls, WTO dispute settlement, and various other trade policy issues. He has represented interested parties in multiple antidumping, countervailing duty, safeguard, and market access matters before U.S. agencies and U.S. courts, and has handled several customs matters for his trade remedy clients. He also advises governments on WTO agreements compliance and dispute settlement, with a focus on trade remedy matters. He is a graduate of Oberlin College and the American University Washington College of Law.

Valerie Ellis,is an associate at Vinson & Elkins LLP and a member of the firm's climate change practice group. Her practice focuses on a range of U.S. laws that affect cross-border trade and investment, including antidumping, countervailing duty, escape clause relief (Section 201), customs, and laws involving export controls,anti-boycott compliance, and national security implications of foreign direct investment in the United States. She holds a bachelor's degree from Florida International University, a Master of Public Administration from American University's School of Public Affairs, and a law degree from Tulane University School of Law.

As various initiatives are proposed for dealing with the global warming crisis, international trade considerations inevitably co...

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