The Conservation of Exhaustible Natural Resources in the GATT and WTO: Implications for the Conservation of Oil Resources

2013 ◽  
pp. 480-531 ◽  
Author(s):  
Ehab S. Abu-Gosh ◽  
Rafael Leal-Arcas
Keyword(s):  
Natural Resources ◽  
Trade Liberalization ◽  
Environmental Sustainability ◽  
Dispute Settlement ◽  
Settlement Systems ◽  
Trade Dispute ◽  
Oil Resources ◽  
Important Exception ◽  
Exhaustible Natural Resource ◽  
The Relationship

The conservation of exhaustible natural resources constitutes a prominent linkage and one of the ongoing debates in the relationship between trade liberalization and environmental sustainability. Indeed, the recognition of this linkage was embodied as an important exception to the rules of the GATT, which justifies a violating measure related “to the conservation of exhaustible natural resources”. The trade dispute settlement tribunals have remarkable experience in handling debates concerning the application of this crucial exception. However, the various decisions that were held in these debates have not yet examined the application of the exception to the interaction between trade and the conservation of oil as an exhaustible natural resource. This paper argues that the decisions of the dispute settlement systems of the GATT and WTO have limited and narrowed the scope of conserving exhaustible natural resources within the trade regime and, most probably, they would restrict the protection of oil resources in any future dispute. This paper will examine the various decisions relating to the tensions between trade and the conservation of exhaustible natural resources. It will demonstrate that the GATT and WTO tribunals focused the discussion of conserving exhaustible natural resources on the exceptions and not on the rules, and that they narrowed the application of the trade exception. It is most likely that this approach will limit the protection of any future oil-conserving measure.

scholarly journals Water security and environmental security in a national and regional context: envisioning environmental diplomacy for cooperation

Water Policy ◽  
2019 ◽  
Vol 21 (6) ◽  
pp. 1139-1161
Author(s):  
Mabroor Hassan ◽  
Manzoor Khan Afridi ◽  
Muhammad Irfan Khan
Keyword(s):  
South Asia ◽  
Environmental Sustainability ◽  
Poverty Reduction ◽  
Dispute Settlement ◽  
Water Security ◽  
Environmental Security ◽  
Environmental Damage ◽  
Development Environment ◽  
Environmental Diplomacy ◽  
The Relationship

Abstract Water insecurity anticipates the ample threat to livelihood, economy, development, environment, peace, security, and poverty reduction efforts in South Asia. This study has attempted the analysis of accords, treaties, and water policies in the region to assess the relationship of water security, environmental security, and conflict in a national (Pakistan) and regional (South Asia) context using multi-criteria decision analysis (MCDA). Twenty-four technical, economic, social, environmental, and political criteria have been selected to present the relationship logically in terms of obligations of international water laws. The results express various gaps in the selected criteria which were the probable cause of environmental damage, conflicts, and mistrust. Moreover, environmental diplomacy has been endorsed as a tool for dispute settlement due to its non-aggressive and flexible characteristics. Dispute settlement and cooperation on shared water resources can foster sustainable development, poverty reduction, and environmental sustainability.

Gender and belief factors on attitude towards Social and Environmental Accounting (SEA)

2009 ◽  
Vol 6 (2) ◽  
pp. 51
Author(s):  
Salina Abdullah ◽  
Ern Chen Loo
Keyword(s):  
Natural Resources ◽  
Undergraduate Students ◽  
Environmental Issues ◽  
Environmental Accounting ◽  
Future Generations ◽  
Business And Society ◽  
Four Dimensions ◽  
Sustain Ability ◽  
The Relationship

Research on social and environmental accounting (SEA) has mainly concentrated on disclosure of SEA by corporate bodies, where investigations on ones attitude towards SEA are rarely discussed. SEA is a medium that develops relationships between business and society, community and nature. In addition, SEA involves a concept of sustain ability; where natural resources need to be sustained for the needs of future generations (Alhabshi et al., 2003). SEA also tries to recognise the role of accounting in sustainable development and the use of environmental resources. There are arguments that the young generations today are not fully aware of preserving these natural resources as well as handling social and environmental issues wisely. This perhaps link closely to their belief and cultural background. Hence, this paper examines the influence of gender and belief factors on the undergraduate students’ attitude towards SEA. Four dimensions of belief (fixed ability, quick learning, simple knowledge and certain knowledge) proposed by Schommer (2005) were adapted to analyse how belief factors have influence on their attitude towards SEA. An independent sample t-test was used to examine the relationship between gender and students’ attitude towards SEA. Spearmen’s correlation was employed to show the relationship between belief and attitude towards SEA. The results revealed that gender differences did not show influences on their attitude towards SEA. It was found that there is a significant relationship between belief and students’ attitude towards SEA. Students who believe on the importance of SEA tend to report positive attitude towards SEA. Perhaps findings of this study may provide some information on the SEA education and further be incorporated in the syllabus.

SWAZI ORAL LITERATURE, ECO-CULTURE AND ENVIRONMENTAL APOCALYPSE

2016 ◽  
Vol 26 (1) ◽  
Author(s):  
Enongene Mirabeau Sone
Keyword(s):  
Indigenous Knowledge ◽  
Environmental Sustainability ◽  
Oral Literature ◽  
Resource Base ◽  
Healthy Environment ◽  
Nature And Culture ◽  
Western Concept ◽  
Critical Resource ◽  
The Relationship ◽  
Conservation Of Biodiversity

The main objective of this paper is to show how oral literature is engaged by Swazis with regards to environmental sustainability. It demonstrates the relationship between nature and culture as reflected in Swazi oral literature and how indigenous knowledge embedded in this literature can be used to expand the concepts of eco-literature and eco-criticism. The paper argues that the indigenous environmental expertise among the Swazi people, encapsulated in their oral literature, can serve as a critical resource base for the process of developing a healthy environment. Furthermore, the paper contends that eco-criticism, which is essentially a Western concept, can benefit by drawing inspiration from the indigenous knowledge contained in Swazi culture and expressed in their oral literature. The paper concludes by recommending the need to strengthen traditional and customary knowledge and practices by protecting and recognising the values of such systems in the conservation of biodiversity for sustainable development.

A Review on Data Mining Techniques Towards Water Sustainability Issues

2020 ◽  
Vol 13 (5) ◽  
pp. 818-826
Author(s):  
Ranjan Kumar Panda ◽  
A. Sai Sabitha ◽  
Vikas Deep
Keyword(s):  
Data Mining ◽  
Natural Resources ◽  
Environmental Sustainability ◽  
Water Distribution ◽  
Research Work ◽  
Distribution Networks ◽  
Environmental Data ◽  
World Population ◽  
Water Sustainability ◽  
Rapid Urbanization

Sustainability is defined as the practice of protecting natural resources for future use without harming the nature. Sustainable development includes the environmental, social, political, and economic issues faced by human being for existence. Water is the most vital resource for living being on this earth. The natural resources are being exploited with the increase in world population and shortfall of these resources may threaten humanity in the future. Water sustainability is a part of environmental sustainability. The water crisis is increasing gradually in many places of the world due to agricultural and industrial usage and rapid urbanization. Data mining tools and techniques provide a powerful methodology to understand water sustainability issues using rich environmental data and also helps in building models for possible optimization and reengineering. In this research work, a review on usage of supervised or unsupervised learning algorithms in water sustainability issues like water quality assessment, waste water collection system and water consumption is presented. Advanced technologies have also helped to resolve major water sustainability issues. Some major data mining optimization algorithms have been compared which are used in piped water distribution networks.

Protecting Natural Resources

2018 ◽  
Author(s):  
Jérémie Gilbert
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Natural Resources ◽  
Environmental Law ◽  
Legal Framework ◽  
Human Rights Law ◽  
International Environmental Law ◽  
Conservation Of Natural Resources ◽  
The Relationship ◽  
Do So

This chapter focuses on the connection between the international legal framework governing the conservation of natural resources and human rights law. The objective is to examine the potential synergies between international environmental law and human rights when it comes to the protection of natural resources. To do so, it concentrates on three main areas of potential convergence. It first focuses on the pollution of natural resources and analyses how human rights law offers a potential platform to seek remedies for the victims of pollution. It next concentrates on the conservation of natural resources, particularly on the interconnection between protected areas, biodiversity, and human rights law. Finally, it examines the relationship between climate change and human rights law, focusing on the role that human rights law can play in the development of the current climate change adaptation and mitigation frameworks.

Three Salient Issues of the New Comprehensive Free Trade Agreements

2017 ◽  
Author(s):  
Stefan Griller
Keyword(s):  
Dispute Settlement ◽  
Free Trade Agreements ◽  
Trade Agreements ◽  
Settlement System ◽  
Investment Protection ◽  
National Courts ◽  
System P ◽  
Critical Account ◽  
Dispute Settlement System ◽  
The Relationship

The author argues that the mega-regionals are incorporating WTO standards on the removal of technical barriers to trade (TBT), but do not go much further. Consequently, domestic policies on consumer or environmental protection are inevitably affected. However, in this regard, the mega-regionals would not result in a substantive change. By contrast, the relationship between the removal of TBT and investment protection standards is qualified as poorly balanced, unclear, and creating fresh problems. This includes the possibility that damages might be awarded even in cases where the party to the agreement has correctly used its ‘right to regulate’. Moreover, a critical account of the investor-state dispute settlement system foreseen is offered. It is presented as unnecessarily complex, and creating unbalanced advantages for investors. The better alternative would be integrating national courts into the system.

Identifying Community Interests in International Law

2018 ◽  
Author(s):  
Rüdiger Wolfrum
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
International Community ◽  
Available P ◽  
General Question ◽  
Global Commons ◽  
Settlement Systems ◽  
Community Interest ◽  
National Jurisdiction ◽  
Advisory Opinions

This chapter explores the general question of how to establish that the regulation of a certain matter constitutes a matter of community-wide concern, which is the necessary step for the recognition of community obligation. The hypothesis is that such a qualification must, first, be well founded factually and, secondly, accepted as such in a legal or political legitimizing process. On this basis, the chapter suggests that the governance of spaces beyond national jurisdiction constitutes a community interest and has to be guided by the interests of the international community. Exploring this question with respect to key common spaces and particular issues, the chapter notes the difficulty of most of the dispute settlement systems, which, being bilateral, are not fully adequate to address questions related to the management of global commons as well as for the protection of the environment. To avoid this difficulty, the chapter suggests greater reliance on advisory opinions where available.

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