Evaluating the Legality of the EU Deforestation Regulation (EUDR) Under WTO Non-Discrimination Principles: A Developing Country Perspective

Abstract

The European Union Deforestation Regulation (EUDR)aims to curb global deforestation by restricting the import of key commodities (cattle, cocoa, caffee, oil palm, rubber, soya, and wood) unless they are deforestation free, legally produced, and accompanied by due diligence statements. While ecologically noble, the EUDR faces severe scrutiny from developing nations (such as Indonesia, Malaysia, and Brazil) regarding its compatibility with World Trade Organization (WTO) law, spesifically the General Agreement on Tarisffs and Trade (GATT) 1994. This paper evaluates whether the EUDR violates the core non-discrimination principles of Most-Favored-Nation (MFN) treatment (Article I;1) and National Treatment (Article III;4) and whether it can be justified under the general exceptions of GATT Article XX.