scholarly journals Trade and the Environment: Competition, Cooperation or Confusion

1969 ◽  
pp. 745
Author(s):  
Donald McRae

The intersection of international trade law and environmental sustainability has been subject to much scrutiny, both in the media and in internationally constituted bodies. Views on the impact of trade on the environment range from one of mutual benefit to an assertion of real threat. The author assesses the bases upon which criticism of the WTO is commonly levelled, and provides a reasoned analysis of the nature of the trade and environment debate. In addressing this question, the author examines the purview of the WTO pertaining to trade law, and delineates to what extent environmental protection encroaches upon international trade obligations. To this end, the author considers the means by which conflicts between trade and the environment have been reconciled, and draws attention to issues that obstruct resolution. Lastly, concerns central to the trade and environmental regulatory schemes themselves are raised. The author concludes that the long term viability of international trade equally benefiting the developed and developing world is dependent upon corresponding environmental regulation.

2009 ◽  
Vol 5 (2) ◽  
pp. 307-326 ◽  
Author(s):  
Thomas Cottier

Direct effect of international agreements – WTO – Current jurisprudence and theories – Implications for separation of powers and checks and balances – Justiciability – Criticism of current standards: precision and reciprocity – Reversal of dual concept in EU external relations


Author(s):  
Julien Bueb ◽  
Lilian Richieri Hanania ◽  
Alice Le Clézio

This chapter examines, from a multidisciplinary perspective, plausible hypotheses for implementation of border carbon adjustment mechanisms, seen as a complement to strong environmental regulation. It highlights economic, legal, and political difficulties raised by border carbon adjustments. After thoroughly reviewing their economic practicability, it analyses these mechanisms from an International Trade Law perspective, particularly vis-à-vis the General Agreement on Tariffs and Trade, sustainable development, and the principle of shared but differentiated responsibilities. It concludes with an assessment of policy-related implications of such mechanisms and outlines, in particular, how border carbon adjustments may be used as an engine of economic and energy transition, for developed and developing countries equally.


2021 ◽  
Author(s):  
Ines Willemyns

Digitisation has significantly impacted international trade. This book explains the impact of digitisation on trade in services, the ensuing concept of 'digital services' and the different types of trade barriers these services face. This book establishes that the legal framework that applies to trade in services also applies to digital services. It elaborates on the scope of the General Agreement on Trade in Services (GATS) and how to classify digital services. The relevant GATS obligations are subsequently applied to several case studies that illustrate the barriers to digital services trade. These case studies demonstrate the impact of the applicability of GATS to digital services on countries' international obligations. Finally, the book maps the electronic commerce-related provisions in in regional trade agreements (RTAs). Six extensive e-commerce RTAs are compared in depth and it is considered whether they add substantially to the existing multilateral obligations applicable to digital services trade.


2020 ◽  
Vol 9 (2) ◽  
pp. 239-262
Author(s):  
Iyan Offor

AbstractThere is a critical research gap regarding the trade and animal welfare interface: we do not know, empirically, what the impact of trade on animal welfare is. This gap exists, in part, as a result of the paternalism of international trade law and the underdevelopment of global animal law. This article addresses, firstly, the collision of dichotomous trade and animal welfare priorities in legal and political systems. It then explores attempts at reconciliation by the World Trade Organization and the European Union. This involves an investigation of the impact of trade on animal welfare. This impact is categorized into four component parts: (i) open markets, (ii) low animal-welfare havens, (iii) a chilling effect, and (iv) lack of labelling. Case studies from the European Union are examined. Thirdly, the article critiques trade law and policy as ill-suited primary drivers of global governance for animals. Global animal law is identified as a promising alternative, although its early development has been unduly affected by international trade law.


2015 ◽  
Vol 1 (1) ◽  
pp. 18-35 ◽  
Author(s):  
Cheryl Jones ◽  
David Newsome

Purpose – Rankings of the world's cities by a liveability factor have become increasingly significant in the media, among governments and city councils in the promotion of cities, as well as academics interested in understanding the impact of quantifying liveability on urban planning and the relationship of liveability indices and tourism. The paper aims to discuss this issue. Design/methodology/approach – While examining characteristics of liveable cities according to some of the widely reported liveability indices, such as those produced by Mercer, Monocle magazine and the Economic Intelligence Unit (EIU), the authors provide a snapshot of Perth as a liveable city and consider liveability in relation to urban tourism, sustainability and environment. Perth's liveability ranking is discussed in terms of environmental sustainability, noting that for Perth to retain its position as one of the world's most liveable cities, consideration must be given to sustainable planning and environmental practices at policy, organisational and individual levels, placing the long-term liveability of the environment and Perth's flora and fauna at the forefront of urban, and tourism, planning. Findings – The accessibility of nature in Perth and its surrounds, its outdoor recreational opportunities and warm climate are factors that make it unique. Developing and promoting nature-based tourism would further enhance the accessibility of nature for visitors and residents. While Perth's EIU top ten ranking is justified, its major attributes remain unrecognised by the widely used EIU liveable city assessment framework. Research limitations/implications – Moreover, the notion of a liveable city is open to contention due to the subjective nature of various assessment criteria. Liveability indices should include quantifiable environmental factors such as green space, remnant vegetation, biodiversity, air quality and unpolluted water. Originality/value – This paper thus contributes to the discourse on what constitutes a liveable city, the authors emphasise that liveability is significantly related to the presence of green space and natural areas as well as the opportunity to see and interact with wildlife. Perth has such opportunities for it residents and visitors but as yet the aforementioned natural characteristics are not implicit in international measures of liveability.


1997 ◽  
Vol 66 (4) ◽  
pp. 453-474 ◽  
Author(s):  

AbstractIceland, a non-member of the International Whaling Commission, is considering a return to commercial whaling. It is inevitable that should Iceland recommence commercial whaling that the United States, pursuant to the Pelly Amendment, will threaten the imposition of trade measures against Iceland.This contribution examines the impact on all nations, most particularly the whaling nations, of both a U.S. decision not to impose an embargo against Iceland and a U.S. decision to impose an embargo against Iceland. In either scenario whaling nations have good reason to be concerned.


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