Trade and Environment: A Mutually Supportive Interpretation of WTO Agreements in Light of Multilateral Environmental Agreements

<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>

Trade and Environment: A Mutually Supportive Interpretation of WTO Agreements in Light of Multilateral Environmental Agreements

<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>

Implementation of International Environmental Law

International environmental law is a key governance instrument for the protection of the environment. Countries take on a range of obligations when they join multilateral environmental agreements. This chapter presents a comparative assessment of the implementation of international environmental law in 13 countries for four agreements dealing with pollution and conservation. It offers an empirical assessment based on the Environmental Conventions Index (ECI) developed at the Center for Governance and Sustainability at the University of Massachusetts, Boston, and compares performance across four key categories: regulation, management, information, and technical measures. The analysis establishes a baseline for assessing the implementation of international environmental law and explaining the impact of national characteristics, policies, and actions on the fulfillment and effectiveness of international environmental agreements.

Do We Need an International Instrument for the Recognition of the Right to a Healthy Environment?

Environmental degradation is continuing globally despite various international environmental treaties. If the right to a healthy environment is recognised by a global instrument, this international recognition of this right could enhance the implementation and enforcement of various multilateral environmental agreements. Moreover, the international recognition of this right to a healthy environment could create a level playing field at the international level to ensure better balancing of competing interests. Furthermore, an international instrument for the recognition of this right is necessary to address many environmental challenges including climate change, the loss of biodiversity, marine pollution, long-range air pollution and plastic pollution which have global or trans-boundary dimensions. A second optional protocol to the ICESCR as an international instrument for the recognition of the right to a healthy environment could be adopted. It would be the best option for the adoption of an international instrument to recognise the right to a healthy environment.

The Belt and Road Initiative in North Eurasia: Changing Geographies and the UNECE Multilateral Environmental Agreements

The Belt and Road Initiative (BRI), launched by China in 2013 to increase economic and transport connectivity along the Eurasian continent and beyond, has posed unprecedented environmental and social risks, many of which are transboundary in nature. International legal tools contained in Multilateral Environmental Agreements (MEAs) can play an important role in mitigating such transboundary risks across space and time, as well as reduce the negative impacts of large infrastructure projects, such as are being developed under the auspices of the BRI. However, the adoption of MEA policy tools has been very uneven across the continent. Three conventions in particular, the 1991 Espoo Convention on Environmental Impact Assessment, the 1998 Aarhus Convention, and the 1992 Helsinki Water Convention (the UNECE MEAs) - have the least amount of ratifications by BRI countries. In this paper we discuss these three conventions and demonstrate their relevance in addressing the transboundary risks of large infrastructure projects which require complex coordination and long-term planning.Extended ratification of these UNECE MEAs by nations along the BRI corridors should significantly assist in positively changing geographies by minimizing BRI environmental risks and threats on a transboundary and national dimension, but simultaneously (i) create a more unified approach towards sustainability across the BRI, (ii) raise involvement (and likely subsequent) support within communities for BRI projects, (iii) help to reduce related economic risks throughout Eurasia.

The Legal Framework and Barriers to Access to Environmental Information in Ethiopia

Information plays a vital role, both in terms of its importance for a democratic order and as a prerequisite for public participation. Many countries have made provisions for access to information in their respective constitutions. The FDRE Constitution explicitly provides that everyone has the right to seek and receive information. The Freedom of Mass Media and Access to Information Proclamation –which entered into force in 2008– gives effect to this Constitutional guarantee. Moreover, the number of laws on different environmental issues is on the rise, and the same could be said of the multilateral environmental agreements that Ethiopia has ratified. Many of the laws incorporate the right of the public to access environmental information held by public bodies. Despite the existing legal framework, there are still notable barriers to access to environmental information. By analyzing the relevant laws, the aim of this article is to contribute to the dialogue on the constitutional right of access to information with particular emphasis on the legal framework on, and the barriers to, access to environmental information within the meaning of Principle 10 of the Rio Declaration.

Environmental Challenges, Opportunities, and Policy Implications to Materialize China’s Green Belt and Road Initiative

China’s Belt and Road Initiative (BRI), announced in 2013, is an unprecedented mega-project that aims to improve connectivity between China and over 70 countries through infrastructure investment and regional cooperation. It has unparalleled potential to bring about positive economic development across vast regions of the world but, at the same time, may inevitably come with considerable environmental challenges. Even so, opportunities exist to prevent or mitigate environmental risks and realize China’s promise of a green BRI. China has proposed to construct a green BRI. The existing environmental law framework of host states, green development practices by China and BRI participating countries, and the role of bilateral investment treaties (BITs) as well as multilateral environmental agreements (MEAs) all increase the odds of a green BRI. This article contributes to existing BRI-related literature by examining the environmental challenges and opportunities of the BRI and providing suggestions on building a comprehensive environmental protection mechanism. It is suggested to stringently implement environmental norms and green BRI policies, make greater use of BITs and MEAs, bring together various actors, mobilize all available resources, and establish an efficient environmental dispute settlement and environmental remediation system.

Part VII Inter-linkages with Other Regimes, Ch.44 Investment

This chapter discusses the relationship between international investment law and international environmental law. The contestation between the fields that emerged in the context of investor-state arbitration was blunt and initially resulted in the rules of international investment law being prioritized over the obligations of states under multilateral environmental agreements (MEAs), domestic environmental protection policies and decision-making, and the host state's public welfare regulatory space. Responding to that contest, the new generation bilateral investment treaties (BITs) and free trade agreements (FTAs) reflect the desire of states to work within a more balanced version of the environment/investment nexus. It is not yet, however, at a point where it can be said to be equally balanced in the engagement of international environmental law and international investment law, and there is evidently still room for significant improvements in the way in which environmental issues are understood and interpreted by arbitrators in investor-state disputes. But the culture and context in which the environment and investment are meeting is most definitely shifting and it is hoped that the trajectory continues still further in that direction.

Part VII Inter-linkages with Other Regimes, Ch.45 Human Rights

This chapter examines the relationship between human rights and the environment, which has developed through the adoption and interpretation of many different national constitutions and laws, human rights treaties, and multilateral environmental agreements (MEAs). The development of what might be called ‘environmental human rights law’ has occurred in three main channels. First, efforts to achieve recognition of a human right to a healthy environment, while ineffective at the UN, have achieved widespread success at the national and regional levels. Second, some multilateral environmental instruments have incorporated human rights norms, especially rights of access to information, public participation, and remedy. Third, human rights tribunals and other monitoring bodies have ‘greened’ human rights law by applying a wide range of human rights to environmental harm. The chapter explains each of these paths of development before sketching potential lines of further development through recognition of the rights of nature and of future generations.

Part III Conceptual Pillars, Ch.22 Good Faith

This chapter studies the principle of good faith, which has been declared by the International Court of Justice (ICJ) as ‘a well-established principle of international law’. Through judicial pronouncements and state practice, it has come to acquire concrete legal content. The principle of good faith is closely linked to the concept of legal security; it provides certainty and foreseeability in society, and as such is fundamental and necessary to any legal system. The chapter examines the role that the principle of good faith could play, first, in general international law relating to the environment, focusing on three broad areas of environmental treaty performance, environmental cooperation, and due diligence. It then considers the more concrete role that the principle of good faith could play within multilateral environmental agreements (MEAs) as special legal regimes. Finally, the chapter analyses two concrete contexts within which the principle of good faith could be engaged to perform specific normative functions in the operation of MEAs, namely in non-compliance and ‘pledge and review’ mechanisms.