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Abstract

This dissertation examines how international law addresses the problem of unsustainable consumption as a driver of cross-border biodiversity loss and greenhouse gas emissions. The premise is substantiated by drawing on insights from ecological economics and the sustainability sciences. An original analytical framework is then used to ‘scan’ relevant international legal frameworks with regard to their structural capacity to capture carbon-intensive and biodiversity-threatening commodity trade flows. The analysis shows that unsustainable consumption is insufficiently accounted for in international ‘environmental’ law. On the contrary, biodiversity and climate treaties predominantly frame environmental pressures from a production-based perspective, favouring supply-side measures to ‘green’ production processes over demand-side interventions to cap and constrain unsustainable consumption. Unilateral efforts to enact demand-side measures are, furthermore, constrained by states’ obligations under WTO law. In addition, the customary international law rules on jurisdiction bias conservation and mitigation measures towards territorial approaches. While there are some limited flexibilities to enact demand-side measures within international law constraints, their success is limited by leakage effects associated with unilateralism. Ultimately, a multilateral framework is required to coordinate efforts on unsustainable consumption, and to encode environmental differentiation into the legal structures underpinning economic globalisation more broadly.

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