13. International Trade and Environmental Protection

2021 ◽  
pp. 775-812
Author(s):  
Alan Boyle ◽  
Catherine Redgwell

This chapter looks at the relationship between the World Trade Organization (WTO) and international trade in terms of international environmental law. Twenty-five years after the WTO system came into operation it appears that neither trade law nor environmental law have trumped each other. Rather, there has been a process of accommodation which is still ongoing. The chapter ends by making some conclusions on the arguments presented in this book and the issues currently being faced. The current policy of encouraging free trade cannot always be made environmentally friendly and this will always be the case. The problem becomes clear if we consider climate change. Free trade and globalisation by nature exacerbates the difficulties of regulating environmental issues. In addition, one of the key problems with sustainable development as a concept is that there has been too much emphasis on development, and not nearly enough on sustainability, then a policy of promoting free trade is part of that problem.

2016 ◽  
Vol 15 (3) ◽  
pp. 404-406
Author(s):  
WILLIAM J. DAVEY

John Jackson bestrode the world of international trade law like a Colossus. His 1969 treatise on World Trade and the Law of GATT was called the bible of GATT law. His 1977 casebook on Legal Problems of International Economic Relations created a new law school course and introduced thousands of students around the globe to international trade law. It was the leading international trade law casebook for decades, and his students went on to positions of responsibility throughout the world in governments, international organizations, and private practice. His analysis of GATT infirmities convinced certain influential governments to push for a new international trade organization, which eventually saw life as the World Trade Organization. It was a great honor for me to have been associated with John for over thirty years. Indeed, his 1985 invitation to join as a co-author of the casebook after my first year in law teaching undoubtedly saved me many years of drudgery as a corporate/securities law scholar. Thus, I am pleased to offer some thoughts on John's influence on dispute settlement under GATT and the WTO.


2016 ◽  
Vol 5 (1) ◽  
pp. 55-79 ◽  
Author(s):  
Katie Sykes

AbstractMany animal and environmental activists think of international trade law as a block to the achievement of their goals and perceive the World Trade Organization (WTO) as a threat to animals. Yet, the first legal decision of an international tribunal to devote careful, sustained attention to animal welfare issues comes from the WTO, in the EC – Seal Products decision. This article argues that international trade law is currently an important, although under-acknowledged, locus for the development of global norms concerning the protection of animals, and that animal conservation and animal welfare can be seen as aspects of a single overarching principle of animal protection. International trade law contributes to animal protection in two ways. Firstly, WTO jurisprudence has recognized animal protection as a legitimate basis for invoking exceptions to trade rules (as in EC – Seal Products). Secondly, international trade negotiations enhance cooperation on the implementation and enforcement of existing conservation obligations (as in the new Trans-Pacific Partnership’s Environment Chapter).


2008 ◽  
Vol 47 (1) ◽  
pp. 118-120
Author(s):  
Nasir Iqbal

International trade around the world is growing rapidly and it is very effective in improving the living standards of a nation, but still free trade faces many critics. They complain that free trade causes harmful economic adjustments, for example increase in unemployment through the closing of factories etc. The critic further object that the World Trade Organisation serves the interests of international corporations, undercuts domestic environment regulations, and erodes America’s sovereignty. Why has global trade become so controversial? Does free trade deserve its bad reputations? These are the questions which inspired the writer to work against these problems. In “Free Trade under Fire”, the author discusses the misconceptions that litter the debate over trade and gives the reader a clear understanding of the issues involved. The aim of this book is to determine the effect of economic, political and legal factors on the trade policy of the United State.


2020 ◽  
Vol 16 (2) ◽  
pp. 224-236
Author(s):  
Sekar Wiji Rahayu ◽  
Fajar Sugianto

AbstractThe creation of free trade provides a large advantage and role in driving the economic growth of a country, especially for developing countries that have abundant natural resources. One of the systems in free trade carried out by countries in the world in buying and selling produce is known as an export-import system. Where the seller is usually referred to as an exporter and the buyer is referred to as an importer. Like the general trading system, in international trade there are also obstacles that can be detrimental to one party and / or several parties in conducting international trade. These obstacles can be in the form of tariff barriers and / or non-tariff barriers. Non-tariff barriers can take the form of certain discriminations imposed by a particular country, both to protect the value of its production and to redevelop the product into something of even higher value. Both are pursed on one thing, hedging. Discrimination is also imposed by the European Union against the ban on imports of Palm Oil from Indonesia on the grounds that Palm Oil has a negative impact on the environment. Bearing in mind the European Union is one of the countries active in Environmental Health campaigns. Discrimination is also carried out by Indonesia to stop all exports of Nickel Ore and / or other minerals to the European Union with the consideration to hedge minerals that have not been downstreamed. Based on the discrimination actions, the two countries plan to submit complaints and complaints to the World Trade Organization (WTO) as a form of the two countries' objections to the policies taken.Keywords: international trade; mineral downstreaming; oil palmAbstrakTerciptanya perdagangan bebas memberikan keuntungan serta peran yang besar dalam mendorong pertumbuhan ekonomi suatu negara, khususnya bagi negara-negara berkembang yang memiliki Sumber Daya Alam (SDA) yang melimpah. Salah satu sistem dalam perdagangan bebas yang dilakukan oleh negara-negara di dunia dalam melakukan jual-beli hasil produksi dikenal sebagai sistem ekspor-impor. Dimana pihak penjual lazimnya disebut sebagai eksportir dan pihak pembeli disebut sebagai importir. Selayaknya sistem perdagangan pada umumnya, di dalam perdagangan internasional juga terdapat hambatan-hambatan yang dapat merugikan satu pihak dan/atau beberapa pihak dalam yang melakukan perdagangan internasional. Hambatan tersebut dapat berupa hambatan tarif dan/atau hambatan non tarif. Hambatan non tarif dapat berupa diskriminasi-diskriminasi tertentu yang diberlakukan oleh suatu negara tertentu, baik untuk melindungi nilai produksinya maupun untuk mengembangkan kembali produk tersebut menjadi sesuatu yang lebih tinggi lagi nilainya. Keduanya mengerucut pada satu hal, yakni lindung nilai. Diskriminasi tersebut juga diberlakukan oleh Uni Eropa terhadap pelarangan impor Kelapa Sawit dari Indonesia dengan alasan bahwa Minyak Kelapa Sawit menimbulkan dampak yang buruk terhadap lingkungan. Mengingat Uni Eropa merupakan salah satu negara yang aktif dalam kampanye-kampanye kesehatan lingkungan. Aksi diskriminasi juga diberlakukan oleh Indonesia untuk menghentikan seluruh ekspor Bijih Nikel dan/atau mineral lainnya kepada Uni Eropa dengan pertimbangan untuk melakukan lindung nilai terhadap mineral-mineral yang belum di hilirisasi. Atas tindakan-tindakan diskiriminasi tersebut, kedua negara berencana untuk mengajukan keluhan dan gugatan ke World Trade Organization (WTO) sebagai bentuk keberatan kedua negara terhadap kebijakan-kebijakan yang diambil.Kata kunci: hilirisasi mineral; kelapa sawit; perdagangan internasional


Author(s):  
Md. Mahfuzar Rahman Chowdhury

Environmental problems are enormous around the world and threaten the global environment. In most cases, these problems are caused by rapid growth of population and poverty. Climate change and sustainable development are inter-linked and are priority issues in the development continuum. Any adverse impact on the environment and biodiversity can cause the restriction of resources and limit available options. Concerted efforts of all the states can bring positive result to address the effects of climate change. Compliance with the treaty provision and sharing of resources and actions among the states can ensure proper utilization of resources and sustainable development.


2022 ◽  
pp. 1049-1065
Author(s):  
Md. Mahfuzar Rahman Chowdhury

Environmental problems are enormous around the world and threaten the global environment. In most cases, these problems are caused by rapid growth of population and poverty. Climate change and sustainable development are inter-linked and are priority issues in the development continuum. Any adverse impact on the environment and biodiversity can cause the restriction of resources and limit available options. Concerted efforts of all the states can bring positive result to address the effects of climate change. Compliance with the treaty provision and sharing of resources and actions among the states can ensure proper utilization of resources and sustainable development.


Author(s):  
Rafael Rosa Cedro

This article explores three distinct analytical approaches that offer insights for reflection on the issue of international trade – comparative advantages, dependency theory and GCC/GVC analyses – as a way of providing a critique of the functioning of the World Trade Organization (WTO) and its alleged defense of free trade as an engine for development.


Author(s):  
Joseph Sarah

This article examines the relationship among trade, investment and human rights laws. It analyses the relevant legal relationships as reflected in the salient case law and the synergies between the works of the United Nations, the World Trade Organization (WTO) and the Organisation for Economic Cooperation and Development (OECD). It also considers the impact of WTO rules on specific economic, social and cultural rights, the benefits of free trade and investment for civil and political rights and the human rights protections for traders and investors.


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