scholarly journals Sustainable Development in World Trade Law: Application of the Precautionary Principle in Korea-Radionuclides

2019 ◽  
Vol 11 (7) ◽  
pp. 1942 ◽  
Author(s):  
Yan Cai ◽  
Eunmi Kim
Keyword(s):  
Sustainable Development ◽  
Precautionary Principle ◽  
World Trade ◽  
Three Dimensions ◽  
The Precautionary Principle ◽  
Trade Law ◽  
Systemic Problems ◽  
Phytosanitary Measures ◽  
The Government ◽  
Economic Perspectives

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.

The Role of Risk Assessment in Precautionary Intervention: A Comparison of Judicial Trends in the EC and WTO

2007 ◽  
Vol 4 (6) ◽  
pp. 455-467 ◽  
Author(s):  
Elen Stokes
Keyword(s):  
Risk Assessment ◽  
European Community ◽  
Precautionary Principle ◽  
World Trade ◽  
Case Law ◽  
World Trade Organisation ◽  
The Precautionary Principle ◽  
The World ◽  
Phytosanitary Measures

AbstractThis paper focuses on the meanings attached to the "precautionary principle" in judgments passed down by the World Trade Organisation (WTO) and the European Community (EC) courts. It speaks to claims that, in response to WTO litigation, the EC courts are beginning to construe the precautionary principle in a manner that more closely resembles obligations arising from the Agreement on Sanitary and Phytosanitary Measures (the SPS Agreement). It illustrates that although disparities between interpretations in EC and WTO case law of legitimate precautionary intervention are growing to be less obvious, inconsistencies continue to exist.

scholarly journals The implication of the precautionary principle on international trade

2021 ◽  
Author(s):  
◽  
Fitria Anindhita H. Wibowo
Keyword(s):  
International Trade ◽  
World Trade Organization ◽  
International Law ◽  
Precautionary Principle ◽  
World Trade ◽  
The Precautionary Principle ◽  
Trade Law ◽  
International Trade Law ◽  
The World ◽  
Wto Agreements

<p>This paper looks at the origin and nature of the precautionary principle as an emerging principle in international law that arises as a response to the impacts of human activities on the environment. As a chosen focus, this paper discusses the implication of the precautionary principle on international trade by looking at its relationship and interaction with international trade law under the World Trade Organization. This paper explores the consistency and conflicts between the precautionary principle and the rules under the WTO Agreements by examining the different and possibly similar values underlying both. This paper discusses the problem areas where the precautionary principle can conflict with WTO rules as well as explore areas where they can be made to comply with each other.</p>

scholarly journals The implication of the precautionary principle on international trade

2021 ◽  
Author(s):  
◽  
Fitria Anindhita H. Wibowo
Keyword(s):  
International Trade ◽  
World Trade Organization ◽  
International Law ◽  
Precautionary Principle ◽  
World Trade ◽  
The Precautionary Principle ◽  
Trade Law ◽  
International Trade Law ◽  
The World ◽  
Wto Agreements

<p>This paper looks at the origin and nature of the precautionary principle as an emerging principle in international law that arises as a response to the impacts of human activities on the environment. As a chosen focus, this paper discusses the implication of the precautionary principle on international trade by looking at its relationship and interaction with international trade law under the World Trade Organization. This paper explores the consistency and conflicts between the precautionary principle and the rules under the WTO Agreements by examining the different and possibly similar values underlying both. This paper discusses the problem areas where the precautionary principle can conflict with WTO rules as well as explore areas where they can be made to comply with each other.</p>

Environmental Directing Principles versus Free Trade

2020 ◽  
pp. 495-518
Author(s):  
Nicolas de Sadeleer
Keyword(s):  
World Trade Organization ◽  
Free Trade ◽  
Precautionary Principle ◽  
World Trade ◽  
Societal Implications ◽  
The Precautionary Principle ◽  
Trade And The Environment ◽  
The World

This chapter focuses on the conflict between the precautionary principle and free trade within the World Trade Organization (WTO). It explains that the said conflict illustrates the role that environmental principles can play in modifying a debate with major legal as well as societal implications. It stresses the odd twists and tangled hierarchies characteristic of post-modern law which may be encountered in disputes involving trade and the environment.

13. International Trade and Environmental Protection

2021 ◽  
pp. 775-812
Author(s):  
Alan Boyle ◽  
Catherine Redgwell
Keyword(s):  
Climate Change ◽  
Sustainable Development ◽  
International Trade ◽  
Free Trade ◽  
World Trade ◽  
Environmental Law ◽  
Current Policy ◽  
Trade Law ◽  
The World ◽  
The Relationship

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.

scholarly journals Mapping the Potential Interactions between UNESCO’s Intangible Cultural Heritage Regime and World Trade Law

2018 ◽  
Vol 25 (4) ◽  
pp. 419-448
Author(s):  
Tomer Broude
Keyword(s):  
International Trade ◽  
Cultural Heritage ◽  
World Trade ◽  
Analytical Framework ◽  
Intangible Cultural Heritage ◽  
Legal Analysis ◽  
Trade Law ◽  
International Trade Law ◽  
Phytosanitary Measures ◽  
Potential Interactions

Abstract:The 2003 Convention for the Safeguarding of Intangible Cultural Heritage (CSICH) was not intended to have legal repercussions in international trade. Nevertheless, intangible cultural heritage (ICH) may interact with trade regulation under various scenarios. The CSICH “Representative List” inscribes numerous ICH elements with real and potential international commercial aspects and consequent trade law implications. These emergent trade law–ICH regime dynamics require not only some critical reflection (for example, is safeguarding of ICH ultimately dependent on commodification or, at least in some cases, significantly prone to commercial capture?) but also doctrinal legal analysis. This article undertakes a survey of many plausible ICH–trade interactions (generally excluding intellectual property issues), providing an analytical framework with reference to a series of case sketches of selected CSICH inscriptions such as kimjang, beer culture in Belgium, and yoga. These and other cases may indeed raise issues under world trade law, including the General Agreement on Tariffs and Trade, the General Agreement on Trade in Services, the Agreement on Technical Barriers to Trade, the Agreement on Sanitary and Phytosanitary Measures, and subsidies regulation. Trade law may have underestimated the significance of ICH as a growing field. At the same time, ICH law may be developing without thinking through how it is impacted by commercial interests and international trade law.

scholarly journals A Sustainable Metropolis: Perspectives of Population, Productivity and Parity

2018 ◽  
Vol 10 (11) ◽  
pp. 4264 ◽  
Author(s):  
Youngho Chang ◽  
Zheng Fang ◽  
Shigeyuki Hamori ◽  
Dawn Chow
Keyword(s):  
Sustainable Development ◽  
Three Dimensions ◽  
Government Budget ◽  
Upward Trend ◽  
Natural Systems ◽  
Sustainability Index ◽  
Integrated Studies ◽  
The Government ◽  
Patterns And Processes

Research on countries’ sustainable development has called for more complete assessments of sustainability. Indeed, integrated studies coupling human and natural systems reveal new and complex patterns and processes not evident when studied in isolation. In line with the need to construct an index that takes into account a more holistic notion of sustainability, this study investigates the overall sustainable development of a metropolis through three dimensions, population, productivity and parity, and takes Singapore as a case study. We incorporate these three dimensions in our construction of a total sustainability index. We find that the population dimension has remained relatively unchanged, while the productivity dimension has gradually moved towards sustainability. The parity dimension has moved towards sustainability before 2002, but it shows ups and downs until 2012 when an upward trend toward sustainability appeared again. Results from this study imply that the government should pay attention to controlling the size of the population of temporary residents, and increasing the government budget for the environment.

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