Conflict between World Trade Law and the Environment: Sustainable Development and Climate Change

2014 ◽  
Author(s):  
Vera Shrivastav
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.


2021 ◽  
pp. 313-323
Author(s):  
Marie-Claire Cordonier Segger

This chapter summarizes the findings of the research and draws together the explanations of these findings explored throughout the volume. Key findings include; the observation that States are adopting sustainable development as part of the ‘object and purpose’ of trade law, both in the World Trade Organization (WTO) and in many regional trade agreements (RTAs); the observation that States are also adopting innovative operational provisions to prevent trade and investment law from constraining legitimate new environment and social development measures and the enhancement of trade and investment in more sustainable sectors; as well as the observation that that there is an important procedural aspect to the integration of environmental and social development concerns in trade and investment law and policy. Drawing on these findings, the chapter summarizes opportunities for States to address key tensions between trade, environmental and social development regulations through the adoption of integration measures for sustainable development in the treaties, and three steps that States can take towards meaningful integration.


2019 ◽  
Vol 11 (7) ◽  
pp. 1942 ◽  
Author(s):  
Yan Cai ◽  
Eunmi Kim

Sustainable development (SD) is one of the objectives of the World Trade Organization (WTO), and in order to achieve SD, the precautionary principle (PP) is one of the most appropriate means that can be used. This study aims to explore whether the WTO promotes SD through its legal interpretation of the PP and to provide suggestions for realizing the balance between trade liberalization and sustainable development in the WTO. To this end, this study conducts a case analysis on the Korea-Import Bans, and Testing and Certification Requirements for Radionuclides (DS495) dispute from legal and political-economic perspectives, and finds that the WTO’s rigorous examinations of the four requirements presented in Article 5.7 of the Agreement on the Application of Sanitary and Phytosanitary Measures (the SPS Agreement) remain a significant impediment for the incorporation of the PP into WTO jurisprudence, and can also cause systemic problems. This study suggests that efforts from three dimensions—the WTO adjudicating parties, the government, and the lobbying groups of importing countries—are required to promote SD in the WTO.


2019 ◽  
Vol 8 (3) ◽  
Author(s):  
Vu Thi Thu Trang

Through survey results on the status of management of life skills education activities to cope with climate change and disaster prevention for the sustainable development of local communities in the ethnic minority boarding high schools in the Northwestern region from 2013 to 2018, the author deeply analyzed and assessed the strengths, weaknesses, causes of strengths and weaknesses of the management of education activities on life skills to cope with climate change and disaster prevention for the sustainable development of local communities for ethnic minority students at boarding high schools for ethnic minorities in the Northwestern region in the present period and the issues raised.


2020 ◽  
Vol 2 (8) ◽  
pp. 101-110
Author(s):  
N. N. ILYSHEVA ◽  
◽  
E. V. KARANINA ◽  
G. P. LEDKOV ◽  
E. V. BALDESKU ◽  
...  

The article deals with the problem of achieving sustainable development. The purpose of this study is to reveal the relationship between the components of sustainable development, taking into account the involvement of indigenous peoples in nature conservation. Climate change makes achieving sustainable development more difficult. Indigenous peoples are the first to feel the effects of climate change and play an important role in the environmental monitoring of their places of residence. The natural environment is the basis of life for indigenous peoples, and biological resources are the main source of food security. In the future, the importance of bioresources will increase, which is why economic development cannot be considered independently. It is assumed that the components of resilience are interrelated and influence each other. To identify this relationship, a model for the correlation of sustainable development components was developed. The model is based on the methods of correlation analysis and allows to determine the tightness of the relationship between economic development and its ecological footprint in the face of climate change. The correlation model was tested on the statistical materials of state reports on the environmental situation in the Khanty-Mansiysk Autonomous Okrug – Yugra. The approbation revealed a strong positive relationship between two components of sustainable development of the region: economy and ecology.


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