Chicago Journal of International Law


This Development introduces the international legal issues raised by increasing trade in biofuels. Section II of the Development surveys the current biofuel landscape, providing statistics on the use and trade of biofuels, and discusses the prospect for increased production and trade in biofuels. Section III discusses the concept of sustainability-particularly in the context of biofuel production-as well as WTO treatment of past efforts to regulate trade based on environmental concerns. In conclusion, Section IV argues that current WTO jurisprudence leaves open the possibility that WTO members may rightfully discriminate against unsustainably produced biofuels.