Multilateral Environmental Agreements and the Trade and Environment Nexus

Author(s):  
Tim Taylor ◽  
Alistair Hunt ◽  
Anil Markandya
2021 ◽  
Author(s):  
◽  
Laura Stuart

<p>This paper considers how the WTO can make better use of the principle of “mutual supportiveness” as an interpretative tool. It examines the success of the WTO in enhancing the relationship between trade and environment and between the WTO agreements and Multilateral Environmental Agreements (MEAs); compares the different interpretative approaches in the United States – Shrimp and EC –Biotech; and argues that a mutually supportive approach that allows consideration of MEAs that are not binding on WTO parties does not change the rights and obligations of WTO members.</p>


2004 ◽  
Vol 4 (2) ◽  
pp. 24-50 ◽  
Author(s):  
Robyn Eckersley

The increasing scope and disciplinary force of international trading rules have generated concern in the international environmental community concerning how far different types of trade restrictions in multilateral environmental agreements (MEAs) are compatible with the rules of the World Trade Organization (WTO). Environmental Nongovernment Organizations (ENGOs) have argued that the WTO exerts a form of disciplinary neoliberalism that has a ‘chilling effect’ on both the implementation and negotiation of MEAs. This paper assesses this claim, particularly in the light of the stalled deliberations of the WTO's Committee on Trade and Environment and recent WTO jurisprudence, and concludes that the WTO's trade agreements do serve to limit the scope and operation of MEAs, albeit mostly in subtle rather than direct ways. After exploring a range of options for reform it is concluded that the prospects for greening the WTO from both within and without are by no means bright.


Author(s):  
Asselt Harro van

This chapter reviews the interactions between international trade law and environmental protection. It begins by explaining how trade and environmental protection are physically interlinked, before offering an account of the evolution of the trade and environment debate. The chapter then examines the relationship between multilateral environmental agreements (MEAs) and trade, followed by an analysis of questions that have arisen in assessing the compatibility of environmental measures with trade law. International trade law may have a ‘chilling effect’ on the adoption or effective implementation of international environmental agreements. Conversely, environmental policies employing trade restrictions can become ‘green protectionism’ and even ‘eco-imperialism’. The chapter explores two emerging developments of relevance for the trade and environment debate, including the rise of regional trade agreements and the growing importance of climate change-related disputes. It concludes with a critical assessment of the prospects for strengthening coherence between international environmental and trade law.


2021 ◽  
Author(s):  
◽  
Laura Stuart

<p>This paper considers how the WTO can make better use of the principle of “mutual supportiveness” as an interpretative tool. It examines the success of the WTO in enhancing the relationship between trade and environment and between the WTO agreements and Multilateral Environmental Agreements (MEAs); compares the different interpretative approaches in the United States – Shrimp and EC –Biotech; and argues that a mutually supportive approach that allows consideration of MEAs that are not binding on WTO parties does not change the rights and obligations of WTO members.</p>


Author(s):  
Hugh Adsett ◽  
Anne Daniel ◽  
Masud Husain ◽  
Ted L. McDorman

SummaryIn order to enhance and encourage compliance with obligations in multilateral environmental agreements (MEAs), states have agreed to the creation of compliance committees for all of the recent MEAs. Canada has been a strong supporter of the compliance committee experiment and an active participant in the negotiation and operation of numerous MEA compliance committees. This article does three things. First, it examines the international legal nature of the MEA compliance committees. Second, the key issues of the structure of the committees are explored. Finally, the article look at the development and operation of compliance committees pursuant to: the Montreal Protocol; the LRTAP Convention; the Espoo Convention; the Basel Convention; the Cartagena Protocol; the Rotterdam Convention; the Stockholm Convention; and the Protocol to the London Dumping Convention.


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