부산대학교 도서관

Growing concerns about the safety of some nuclear power plants and emissions from most thermal power plants have recently given rise to regulations in some countries aiming at restricting or even prohibiting trade in electricity. Such regulations often refer to internationally accepted safety and environmental standards as the benchmark criteria. However, closer scrutiny reveals that, in general, such standards are not fully developed or are not legally binding (especially on nuclear safety) or have limited geographical application (as is the case with EU emissions limits). Moreover, this article argues that trade restrictions are not the most suitable instrument for pursuing the environmental objectives. These restrictions are often counterproductive, inefficient and unfair, and may be legally problematic under the international trade rules. Furthermore, they are not justified by the potential environmental threats posed by ‘dirty’ electricity. A better strategy would be to negotiate multilateral agreements on nuclear safety and environmental standards. The development and enforcement of such standards independently from the trade rules would allow a harnessing of the economic benefits of liberal trade while meeting the criteria of legality, fairness and transparency.