scholarly journals COMPLIANCE TO INTERNATIONAL TRADE RULES: THE CASE OF MALAYSIA’S ENVIRONMENTAL PROTECTION MEASURES

Author(s):  
Yanti Ahmad Shafiee

An environmental protection measure will have an effect on international trade when it affects market access of goods and services. The objectives of this paper are to explore the international trade rules that need to be complied by the government of Malaysia with respect to invoking environmental protection measures and secondly, to look into the government’s compliance with international trade rules when invoking such measures. The international trade rules that need to be complied in this study are the World Trade Organization (WTO) agreements and the General Agreement on Tariffs and Trade (GATT). Malaysia’s environmental protection measures can be found in Malaysia’s domestic laws such as the Plant Quarantine Act 1976, Food Act 1983, Fisheries Act 1985 and national policies. The methodology employed in this study was by analyzing WTO and GATT agreements and decisions by the Dispute Settlement Bodies of the WTO in international dispute cases and also by analyzing Malaysia’s regulations in order to find out how far the government has complied with these international trade rules. The significance of this study is to recognize Malaysia’s efforts in dealing with international trade rules when invoking environmental protection measures.

2007 ◽  
Vol 8 ◽  
pp. 30-38
Author(s):  
Krishna P. Pant

International trade of the goods and services has implications to environment via their effects on environment on production and consumption. Agriculture being closely linked with the natural environment the trade of agricultural products and the inputs required for agriculture affects the environment. This paper attempts to identify and analyze trade issues of environmental protection that mainly falls under the purview of Agreement on Technical Barriers to Trade under the World Trade Organization. The analyses will be helpful to identify and understand trade remedy measures that protect environment required for more sustainable agricultural development. The Journal of AGRICULTURE AND ENVIRONMENT Vol. 8, 2007, pp. 30-37


2019 ◽  
Vol 11 (1) ◽  
pp. 38-50
Author(s):  
Emőke Kiss ◽  
István Fazekas

Abstract A country’s economic situation, its political establishment, and the prevailing environmental conditions have a significant impact on the institutional system required for efficient environmental protection measures. During our work, we reviewed the institutional changes and legislation regarding environmental protection which have occurred over the past 20 years as well as the role of changes in the government. In summary, it can be concluded that significant changes occurred during the past two decades. The names, organizational structures, operations, and scopes of ministries have undergone regular changes over the years. In Hungary, there has been no separate ministry of the environment since 2010, and this area is regulated only on the state secretary level. In contrast, in the V4 countries and the Carpathian Basin, environmental protection is regulated on the ministry level.


2018 ◽  
Vol 3 (3-4) ◽  
pp. 421-439
Author(s):  
Matheus Linck Bassani

The scope of this legal brief is to analyze the Brazilian legislation concerning the ‘Ecological-ICMS’, the ‘ecological’ State value-added tax imposed on the circulation of goods and services – ICMS. Using a deductive method, it was identified this tax mechanism operates as a type of ‘payment for ecosystem services’ (PES) scheme in practice, offering the possibility to stimulate environmental protection by distributing revenue from ICMS collected by States to Municipalities that promote conservation of ecosystems and biodiversity. This type of measure was motivated by the need to address challenges in providing economic compensation for Municipalities that undertook environmental protection measures in Brazil, and can serve as a form of positive incentive for the conservation and sustainable use of biodiversity. 


2019 ◽  
Vol 7 (3) ◽  
pp. 642-650
Author(s):  
Rabiul Islam ◽  
Salwani Arbak ◽  
Mohd Hasanur Raihan Joarder

Purpose of the study: The aim of this study is to discuss the role of government on politics and trade. Political economy brings the production and exchange of goods and services that are parallel with the country’s law. The government plays a massive role because if it is not effective then the trade profitability will be decreased. Thus, political intervention is needed to protect the development of economy, sovereignty, and citizens of the state. Methodology: The data for this study were obtained from existing literatures on the role of government on politics and international trade. The methodology relied heavily on existing literatures on the subject being dealt with. Result: Political economy on international trade enables the cheap production and import of goods and services in the country. This is because international trade does not limit to commodities as they are produced by only some countries. Finally, political economy can be surveyed by comprehensively gathering political aspects, such as national policies and their administration, and this will take a basic position on the existing and ideal financial models, organizations, and related policies which are being formulated by micro- and macro-economic agendas. Implication: The interest for the political economy of trade arrangement is the complementary impact of global exchange on local and worldwide legislative issues.


2015 ◽  
Vol 3 (3-4) ◽  
pp. 421-439
Author(s):  
Matheus Linck Bassani

The scope of this legal brief is to analyze the Brazilian legislation concerning the ‘Ecological-ICMS’, the ‘ecological’ State value-added tax imposed on the circulation of goods and services – ICMS. Using a deductive method, it was identified this tax mechanism operates as a type of ‘payment for ecosystem services’ (PES) scheme in practice, offering the possibility to stimulate environmental protection by distributing revenue from ICMS collected by States to Municipalities that promote conservation of ecosystems and biodiversity. This type of measure was motivated by the need to address challenges in providing economic compensation for Municipalities that undertook environmental protection measures in Brazil, and can serve as a form of positive incentive for the conservation and sustainable use of biodiversity. 


2019 ◽  
Vol 11 (17) ◽  
pp. 4571 ◽  
Author(s):  
Duan ◽  
Xiu ◽  
Yao

The remanufacturing industry plays a significant role to improve the utilization of resources and contribute to environmental protection and sustainable development. E-commerce channel (e-channel) has become an important retail channel. The multi-period closed-loop supply chain network of electronic channels (E-CLSCN) is studied. Moreover, this study considers the influence of consumers’ preference for products and artificial intelligence push (AI-push) on network balance under the conditions of dynamic and static. The network consists of manufacturers, remanufacturers, and demand markets. Remanufacturers are responsible for collecting and remanufacturing. The multi-period E-CLSCN model is established through variational inequalities. The study finds that whether dynamic or static, consumers’ preference for new products (NP) has positively correlated with the profits of manufacturers and the whole E-CLSCN. Consumers’ preference for remanufacturer products (RP) has only positively correlated with the profits of remanufactures. In the aspect of AI-push, the manufacturers’ AI-push has positively correlated with the profits of the entire players of E-CLSCN, while the remanufacturers’ AI-push has only positively correlated with the profits of the remanufacturers. Also, considering the multi-period, the sensitivity of the demand markets for the investment of manufacturers’ and remanufacturers’ AI-push gradually reduces, and the marginal benefit of AI-push gradually decreases. Finally, this paper addresses interesting managerial insights from the perspective of government and enterprises. Under the dual objectives of environmental protection and economic interests of enterprises, this study provides a reference for governments and enterprises to develop relevant dynamic policies. Namely, the government formulates dynamic environmental protection measures, and enterprises formulate dynamic strategic plans and implement government policies. While promoting the management level of E-CLSCN, it effectively boosts the development of the remanufacturing industry and recycling sustainable economy.


2004 ◽  
Vol 4 (3) ◽  
pp. 1-8 ◽  
Author(s):  
Eric Neumayer

This article argues that the WTO's past environmental record is much better than critics would have it. Its jurisprudence has become increasingly environmentally friendly and many charges against the dispute settlement process are based on misunderstandings. WTO rules have, so far at least, not deterred any multilateral environmental agreements. The lack of ambitious environmental protection measures is not the fault of the WTO, but the responsibility of policy-makers from its member states. At the same time, the WTO has done little to actually promote environmental protection and the treatment of the precautionary principle in WTO rules is highly unsatisfactory. Unfortunately, this is unlikely to change in the future. The reason for this is that there is not enough support among member countries, particularly those from the developing world, to render the multilateral trade regime more environmentally friendly. The challenge is to green WTO rules in a way that is beneficial and therefore acceptable to developing countries.


2016 ◽  
Vol 5 (2) ◽  
pp. 449-486
Author(s):  
Haydn Davies

Abstract The proliferation of bilateral investment treaties and investment chapters in trade megatreaties and the associated increase in the preference of investors for investor-state dispute settlement has given rise to concerns that the regulatory sovereignty of both developed and developing states might be compromised. In response to these concerns many trade agreements (including the recently concluded Comprehensive Economic Trade Agreement between the European Union (EU) and Canada) have incorporated provisions designed to protect the regulatory sovereignty of nation states, especially in relation to labour standards, public health, phytosanitary and environmental protection. This paper examines the nature and scope of environmental protection measures in investment chapters and attempts to analyse the extent to which these measures will, in practice, prevent challenges by investors seeking to chill or prevent environmental regulations which might threaten their investments. The analysis concentrates particularly on measures based on the precautionary principle and uses the current EU restrictions on neonicotinoid pesticides as a case study. The paper concludes that the measures included in investment chapters designed to prevent such challenges by investors will not necessarily achieve the desired level of protection for environmental regulatory sovereignty.


Author(s):  
Dijan Widijowati

International trade is an activity involving the exchange of goods and services across national borders. International trade is strongly influenced by the harmonization of political, legal, social and cultural rights owned by respective countries. A number of principles have been formulated and enforced to prevent and resolve disputes arising from international trade, one of which is the principle of non- discrimination. In practice the existence of the principle of non-discrimination often cannot be implemented, because it runs contrary to the policies of each country which is to protect its own interests. Based on the background of the problem that has been described, three subject matters were identified: 1. How can the principle of non-discrimination be applied in international trade? 2. How can appropriate legal policies in dealing with the negative impact of international trade be determined? 3. How can expected disputes on international trade be resolved? The method used in this study was the normative juridical approach to literature. Studies have properties that descriptive analytical assessment phase which focuses on the assessment of secondary data. Data was collected by means of a literature study to support the object of assessment. The results of the assessment conducted revealed that the principle of non-discrimination in international trade cannot be directly applied. Although there is a variety of policies whether committed by the government or society which indirectly consider the principle of non-discrimination internationally, the principle of non-discrimination can only be applied if it can support and protect the interests of concerned parties.


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