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Trade and Environment Governance at the World Trade Organization Committee on Trade and Environment

Trade and Environment Governance at the World Trade Organization Committee on Trade and Environment
Author: Manuel Teehankee
Publisher: Kluwer Law International B.V.
Total Pages: 401
Release: 2020-06-11
Genre: Law
ISBN: 9403522046

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In the opinion of many, the most crucial issue confronting the world today lies in achieving a sustainable nexus among global trade, economic development, and the environment. This book, written by a prominent diplomat with extensive direct experience in this field, presents a much-needed critical perspective on the conflict of norms among the three policy regimes, focusing on the dilemma of reconciling approaches regarding harmonized global governance and a more diverse community-based approach. It is the first and only in-depth treatment to systematically study a series of deliberations in the World Trade Organization’s Committee on Trade and Environment (CTE), highlighting perspectives taken by both developed and developing economies. The book demonstrates that the CTE’s contributions to the evolving trade and environment policy framework have been, contrary to popular perception, both substantial and relevant. In his review of how the particular characteristics of twenty key work outputs of the CTE impact current practice in trade and environment policy discussions, the author discusses such key issues and topics as the following: a singular harmonized global governance framework versus the centrifugal force of community-based, localized or regional solutions that emphasize diversity and multifaceted institution building; drawbacks and continuing relevance of the CTE Work Agenda; issues related to carbon, intellectual property rights, and services; market access for environmental goods; requirements for environmental purposes relating to products, including standards and technical regulations, packaging, labeling, and recycling; and ways forward for combining global regimes with local solutions in an environmental context. Given the urgent need for making economic policies more coherent with sustainability and environmental goals, and for overcoming the ongoing stalemate between developed and developing countries on this matter, this book is sure to be warmly welcomed by policy makers and negotiators in the areas of both trade and environment, as well as by academics, theorists, and experts in the field of global governance interested in formulating practical approaches to trade and environment governance and minimizing potential policy conflicts.


The WTO and the Environment

The WTO and the Environment
Author: James K. R. Watson
Publisher: Routledge
Total Pages: 266
Release: 2013
Genre: Business & Economics
ISBN: 0415527120

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A review of the development of the WTO dispute resolution procedure and the power and influence it has gained over the practises of the member countries as well as in other international treaties.


The WTO and the Environment

The WTO and the Environment
Author: James Watson
Publisher: Routledge
Total Pages: 266
Release: 2013-05-20
Genre: Law
ISBN: 1136214313

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This book is a review of the development of the WTO dispute resolution procedure and the power and influence it has gained over the practises of the member countries as well as in other international treaties. The book addresses the development of environmental competency in the WTO and examines the arguments of those who oppose WTO rule making with impacts on the environment. The WTO’s interactions with multilateral environmental agreements are considered and recent WTO cases including the 2011 US/Mexico tuna dispute and the US sea turtles decision are analysed in detail. In examining how an international organisation which was established with a specific purpose in mind has come to interact in fields beyond its original remit, James Watson demonstrates how the dispute resolution system at the WTO has come to work in a judicialised manner, operating with an informal system of precedent. This has led to the contracting parties placing more reliance on the decisions of the dispute panels and appeal body when considering policy options, with WTO rulings increasingly influencing the behaviour of national legislatures in regard to the environment. The book goes on to make concrete recommendations, based on existing practise in the WTO dispute resolution procedure, which could enhance decision making in environmental cases heard by the WTO. The book argues that this could be achieved with straightforward amendments to the WTO, based on existing practices endorsed under the WTO for other policy considerations. The WTO and the Environment will be of particular interest to academics and students of International and Environmental law.


Environment and Trade

Environment and Trade
Author: International Institute for Sustainable Development
Publisher: UNEP/Earthprint
Total Pages: 96
Release: 2000
Genre: Environmental policy
ISBN: 1895536219

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Reference tool to facilitate broader understanding and awareness of relationship between environment and trade which can then become the basis on which fair and environmentally sustainable policies and trade flows are built.


Environment and Trade

Environment and Trade
Author: Nathalie Bernasconi-Osterwalder
Publisher: Earthscan
Total Pages: 393
Release: 2012
Genre: Business & Economics
ISBN: 1849771154

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International trade rules have significant impacts on environmental law and policy, at the domestic, regional and global levels. At the World Trade Organization (WTO), dispute settlement tribunals are increasingly called to decide on environment- and health-related questions. Can governments treat products differently based on environmental considerations? Can they block the import of highly carcinogenic asbestos-containing products or genetically modified crops? Does the WTO allow governments to protect dolphins or endangered sea turtles through the use of import restrictions on certain products? How can civil society participate in WTO dispute settlement? This Guide, authored by five world leaders on international environmental and trade law at the Center for International Environmental Law (CIEL), is an accessible, comprehensive, one-of-a-kind compendium of environment and trade jurisprudence under the WTO. Providing an overview for both experts and non-experts of the major themes relevant to environment and trade, it also analyses how WTO tribunals have approached these themes in concrete disputes and provides selected excerpts of the most significant cases.


The WTO

The WTO
Author: Merit E. Janow
Publisher: Juris Publishing, Inc.
Total Pages: 31
Release: 2008-01-01
Genre: Business & Economics
ISBN: 1578232325

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This volume brings together essays by world-renowned leaders in the field of international trade examining the operation of the WTO and its dispute settlement system. The experts who have contributed to this book include policymakers, scholars, lawyers and diplomats. Two major areas of inquiry are undertaken. The first half of this volume examines the governance and operation of the WTO and the international trading system. It pays particular attention to issues that affect developing country members of the WTO. The second half of this volume contains a detailed examination of the performance, operation, and challenges of the WTO's dispute settlement system. This book is an outgrowth of a conference held at Columbia University in New York in the spring of 2006. The conference was the last of a series of five regional gatherings held around the world to commemorate the 10th anniversary of the WTO and its dispute settlement system. This volume includes essays that shed further light on some of the themes raised in those discussions, as well as edited transcripts from that conference.


Reconciling Trade and Climate

Reconciling Trade and Climate
Author: Tracey Epps
Publisher: Edward Elgar Publishing
Total Pages: 289
Release: 2010-01-01
Genre: Political Science
ISBN: 184980902X

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This book provides a comprehensive examination of the legal and policy interactions between international trade and measures to forestall climate change. Epps and Green cover all major aspects of the current debate and are especially attentive to the connection to economic development and poverty alleviation. The last chapter provides a creative and thoughtful menu of policy initiatives that could be undertaken in the World Trade Organization or in the UN Climate Change regime.


Environmental Sovereignty And the WTO

Environmental Sovereignty And the WTO
Author: Bradly J. Condon
Publisher: BRILL
Total Pages: 365
Release: 2006
Genre: Law
ISBN: 1571053662

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The growing body of WTO jurisprudence is of profound significance for the development of the general body of international law. With this in mind, Environmental Sovereignty and the WTO succinctly examines how the WTO law can contribute to achieving coherence between general international law, international environmental law and international trade law and avoid conflicts between trade liberalization and global environmental protection. Professor Condon argues that these three branches of law are generally consistent with each other in the area of international law where they intersect. However, WTO jurisprudence can benefit from a more explicit analysis, provided here, of the way that panel decisions fit into the general framework of international law. No law reforms are currently needed to facilitate this task. As the text shows, it is a matter of using the current WTO rules to resolve conflicts between treaties such as the General Agreement on Tariffs and Trade (GATT) and multilateral environmental agreements (MEAs) and to determine the circumstances in which unilateral trade measures should be permitted. The topics addressed in Environmental Sovereignty and the WTO will be of considerable interest to a broad audience given the global political controversy over American unilateralism, the fairness of WTO rules to poor countries, and the effect of trade rules on efforts to protect the global environment. However, the book addresses these controversial issues without sacrificing academic rigour and will appeal to a scholarly and professional audience seeking new approaches to addressing the problems raised by the globalization of law. Published under the Transnational Publishers imprint.


Research Handbook on Environment, Health and the WTO

Research Handbook on Environment, Health and the WTO
Author: Geert van Calster
Publisher: Edward Elgar Publishing
Total Pages: 881
Release: 2013
Genre: Political Science
ISBN: 1781006148

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ÔThis edited collection brings together an impressive array of authors from the world of international trade, the environment and public health. Each of them is eminently well-placed to bring their own particular expertise to bear on the issue at hand, and to do so in a knowledgeable and stimulating manner. This Research Handbook is a must for anyone interested in these overlapping fields of law and policy whether as a basis for learning or as a resource for further research.Õ Ð Mary Footer, University of Nottingham School of Law, UK ÔThis fantastic collection of essays explores the multiple intersections between trade and environment in the WTO. The contributions by leading scholars are theoretically engaged whilst practical in their focus. It is a Òmust readÓ for those concerned to ensure that trade liberalisation does not stand in the way of sustainable development, including urgently needed action to mitigate the risks and consequences of climate change.Õ Ð Joanne Scott, University College London, UK ÔGeert Van Calster and Denise PrŽvost have managed to induce virtually all the great experts on health, environment and WTO law to contribute to their Research Handbook on these subjects. The result is undoubtedly an excellent volume that should adorn the bookcase of any and all interested in the important problem of the relation between international rule-making and regulatory autonomy of states in this area of international economic law.Õ Ð Pieter Jan Kuijper, University of Amsterdam, The Netherlands This Handbook provides state-of-the-art analysis by leading authors on the links between the international trade regime and health and environment concerns Ð concerns that make up an increasing proportion of WTO dispute settlement. Research Handbook on Environment, Health and the WTO surveys fields as diverse as climate change mitigation, non-communicable diseases, nanotechnology and public health care. The volume brings to the fore the debates and complexities surrounding these issues and their implications for the international trading system. The Handbook begins in Part I with a survey of general issues that sets a context for the more specific sectorial studies. Part II considers the most pressing issues within health regulation and trade law, whilst Part III is devoted to environmental regulation and its interface with trade law. Part IV looks specifically at aspects of the dispute settlement process and in particular standard of review, and the book concludes in Part V with a consideration of the impact of trade measures on the health and environment regimes of emerging economies. This comprehensive yet concise Handbook will appeal to academics and researchers in international trade law and environmental law, as well as trade law practitioners.


Handbook on Trade and the Environment

Handbook on Trade and the Environment
Author: Kevin Gallagher
Publisher: Edward Elgar Publishing
Total Pages: 369
Release: 2010-01-01
Genre: Political Science
ISBN: 1848446047

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Handbook on Trade and the Environment is a good source for those looking for a better understanding of political issues, of legal debates, and of the state of discussion between government, industry, NGO, and private sector groups on topics that are not often treated elsewhere. Judith M. Dean, World Trade Review I would recommend the book to anyone concerned with the interaction of trade and the environment. John Goodier, Reference Reviews In this comprehensive reference work, Kevin Gallagher has compiled a fresh and broad-ranging collection of expert voices commenting on the interdisciplinary field of trade and the environment. For over two decades policymakers and scholars have been struggling to understand the relationship between international trade in a globalizing world and its effects on the natural environment. The authors in this Handbook provide the tools to do just that. The editor s well-worked introduction synthesizes the emerging themes of the collection, which is divided into three sections: trade and environmental quality, trade and environmental politics, and trade and environmental policy. Topics include the extent to which trade liberalization creates pollution havens where dirty industries flock to poorer countries with lax environmental standards, and conversely, how multinational corporations bring cleaner environmental technologies to developing countries when they choose to move abroad. The volume also addresses the extent to which national environmental policy and/or global environmental agreements clash with the emerging rules of the World Trade Organization and whether such environmental policies hinder export competitiveness. Finally, numerous political economy analyses of the complex political coalitions that arise to adapt to and mitigate changes in trade and environmental policy are provided. In addition to broader overviews of the field, in-depth case studies of nations and regions are offered, including the United States, the European Union, China, India and Mexico as well East Asia, Latin America, and Africa. The volume will serve as a guide for scholars new to the field as well as students and policy-makers needing a quick reference to the research on the interface between trade and the environment.