The WTO’s Response to International Trade and Environment
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The conflicts between environmentalists and free trade proponents involve a wider array of interests and interest groups. Such conflicts need to be reconciled to a certain extent in order to achieve the goal of sustainable development. This paper examines the sometimes conflicting interests of the WTO and environmentalist, specifically focusing on the possibility of the structure and policies of the present WTO to solve trade‐related environment concerns. From the pursuit of trade liberalization hyphen beginning to pay attention to environmental protection, health and safety issues, and then to putting the goal of the sustainable development and trade liberalization on the same important position, the WTO is well on its way to adjusting its jurisprudence to effectively reconcile the tension between international trade and the environmental protection. Moreover, the interpretation of Article XX has evolved from a narrow analysis into a more realistic and balancing approach. The WTO adjudicating bodies have faced difficult task of achieving the goals of the multilateral trading system and avoiding diluting legitimate efforts of sovereign states to implement their environmental agenda simultaneously. Other important tasks facing the WTO are the careful monitoring of the impact of new environmental initiatives and ensuring that processes and production methods (hereinafter “PPMs”) as well as eco‐hyphen labeling does not become a disguised protectionist to trade. Finally, it is better for the WTO to adopt thoroughgoing procedural reforms to improve the transparency of its decision‐making processes to both the public and nongovernmental organizations. Environmental interests, on the other hand, should learn to work within the context of the legal framework for international trade to achieve their goals. Actually, the goal of sustainable development can be furthered by free international trade. Maybe the WTO is not “the only game in town”, but it should be beyond doubt a major player on the world scene. Thus, the WTO can be a starting point for reconciling the tension–real or imagined–between international trade and global environmental concerns.
Abstract
The conflicts between environmentalists and free trade proponents involve a wider array of interests and interest groups. Such conflicts need to be reconciled to a certain extent in order to achieve the goal of sustainable development. This paper examines the sometimes conflicting interests of the WTO and environmentalist, specifically focusing on the possibility of the structure and policies of the present WTO to solve trade‐related environment concerns. From the pursuit of trade liberalization hyphen beginning to pay attention to environmental protection, health and safety issues, and then to putting the goal of the sustainable development and trade liberalization on the same important position, the WTO is well on its way to adjusting its jurisprudence to effectively reconcile the tension between international trade and the environmental protection. Moreover, the interpretation of Article XX has evolved from a narrow analysis into a more realistic and balancing approach. The WTO adjudicating bodies have faced difficult task of achieving the goals of the multilateral trading system and avoiding diluting legitimate efforts of sovereign states to implement their environmental agenda simultaneously. Other important tasks facing the WTO are the careful monitoring of the impact of new environmental initiatives and ensuring that processes and production methods (hereinafter “PPMs”) as well as eco‐hyphen labeling does not become a disguised protectionist to trade. Finally, it is better for the WTO to adopt thoroughgoing procedural reforms to improve the transparency of its decision‐making processes to both the public and nongovernmental organizations. Environmental interests, on the other hand, should learn to work within the context of the legal framework for international trade to achieve their goals. Actually, the goal of sustainable development can be furthered by free international trade. Maybe the WTO is not “the only game in town”, but it should be beyond doubt a major player on the world scene. Thus, the WTO can be a starting point for reconciling the tension–real or imagined–between international trade and global environmental concerns.
참고문헌 (82)
- Macmilian, Fiona, "The WTO and the Environment" (2001), Sweet & Maxwell
- Trebilcock, Michael J., "The Regulation of International Trade" (2005)
- Ala’I, Padideh, "Free Trade or Sustainable Development? An Analysis of the WTO Appellate Body’s Shift to on More Balanced Approach to Trade Liberalization", Am. U. Int’l L. Rev, 14, pp.1129~ (1999)
- Bajwa, Saira, "The World Trade Organization and the Environment", Gonz. J. Int’l L, 12, pp.4~ (2008)
- Bartenhagen, Erik P., "The Intersection of Trade and the Environment: An Examination of the Impact of the TBT Agreement on Ecolabeling Programs", Va. Envtl. L. J, 17, pp.51~ (1997)
- Bhagwati, Jagdish, "Trade and Environment: The False Conflict?, in Trade and the Environment", Law, Economics, and Policy, 159 (1993)
- Blodgett, Mark S., "The Environment and Trade Agreements: Should the WTO Become More Actively Involved?", Hastings Int’l & Comp. L. Rev, 33, pp.1~ (2010)
- Bowen, Brandon L., "The World Trade Organization and its Interpretation of the Article XX Exceptions to the General Agreement on Tariffs and Trade, In Light of Recent Developments", Ga. J. Int’l & Comp. L, 29, pp.181~ (2000)
- Burgues, Julio Garcia, "Trade and the Environment in the WTO: The European Community’s Participation in the Committee on Trade and Environment", REV. OF EUR. CMTY. & INT’L ENVTL. L, 6, pp.163~ (1997)
- Calster, Geert van, "Faites Vos Jeux–Regulatory Autonomy and the World Trade Organization after Brazil Tyres", J. Envtl. L, 20, pp.121~ (2008)
- Cavros, George, "The Hidden Cost of Free Trade: The Impact of United States World Trade Organization Obligations on United States Environmental law Sovereignty", ILSA J. Int’l & Comp. L, 9, pp.563~ (2003)
- Chang, Howard F., "An Economic Analysis of Trade Measures to Protect the Global Environment", Geo. L. J, 83, pp.2131~ (1995)
- Chang, Howard F., "Environmental Trade Measures, the Shrimp‐Turtle Rulings, and the Ordinary Meaning of the Text of the GATT", Chap. L. Rev, 8, pp.25~ (2005)
- Charnovitz, Steve, "Free Trade, Fair Trade, Green Trade: Defogging the Debate", Cornell Int’l L. J, 27, pp.459~ (1994)
- Charnovitz, Steve, "The Law of Environmental “PPMS” in the WTO: Debunking the Myth of Illegality", Yale J. Int’l L, 27, pp.59~ (2001)
- Condon, Bradly J., "Climate Change and Unresolved Issues in WTO Law", J. Int’l Econ. L, 12, pp.895~ (2009)
- Diebold, Nicolas F., "The Morals and Order Exceptions in WTO Law: Balancing the Toothless Tiger and the Undermining Mole", J. Int’l Econ. L, 11, pp.43~ (2007)
- Duncan Brack, "Balancing Trade and the Environment, in International Affairs (Royal Inst. Of Int’l Affairs 1994‐)", Ethics, the Environment and the Changing International, 7(3), pp.505~ (1995)
- Ferber Betty, "Building an Environmental Protection Framework for North America: The Role of the Non‐ Governmental Community" (1995), Green Globe Yearbook
- Foster, Mark Edward, "Trade and Environment: Making Room for Environmental Trade Measures within the GATT", S. Cal. L. Rev, 71, pp.393~ (1998)
- Gaines, Sanford, "The WTO’s Reading of the GATT Article XX Chapeau: A Disguised Restriction on Environmental Measures", U. Pa. J. Int’l Econ. L, 22, pp.739~ (2001)
- Gentile, Dominic A., "International Trade and the Environment: What is the Role of the WTO?", Fordham Envtl L. Rev, 20, pp.197~ (2009)
- Ghei, Nita, "Evaluating the WTO’s two step test for environmental measures under Article XX", Colo. J. Int’l Envtl. L. & Pol’y, 18, pp.117~ (2007)
- Gray, Kevin R., "International Decisions: Brazil–Measures Affecting Imports of Retreated Tyres, WT", DS332, R, World Trade Organization Appellate Body, December 3, 2007, pp.Am. J. Int’l L, 2008[DOI]
- Green, Andrew, "Climate Change, Regulatory Policy and the WTO", J. Int’l Econ. L, 8, pp.143~ (2005)
- Howse, Robert, "The Appellate Body Ruling in the Shrimp", Turtle Case: A New Legal Baseline for the Trade and Environment Debate, 2002, pp.27, 491~
- Huang, Haixiao, "Environment and Trade: A Review of Issues and Methods", INT’L J. GLOBAL ENVTL. ISSUES, 2, pp.100~ (2001)
- Knox, John H., "The Judicial Resolution of Conflicts between Trade and the Environment", Harv. Envtl. L. Rev, 28, pp.1~ (2004)
- Laindlaw, Anais Kedgley, "Is It Better to be Safe than Sorry? The Cartagena Protocol versus the World Trade Organization", Vict. U. Wellington L. Rev, 36, pp.427~ (2005)
- 이은섭, "WTO체제하의 무역과 환경의 연계", 무역학회지, 30(3), pp.75~99 (2005), 한국무역학회
- Lee, Eun Sup, "Trade and Environment under the WTO Regime", Environment and Trade Under the WTO, 2, pp.16~ (2008)
- Lopez, Matthew L., "The Effects of Free Trade on the Environment: Conserving the Environment while Maintaining Increased Levels of Economic Prosperity for Developing Countries", Phoenix L. Rev, 3, pp.701~ (2010)
- Marcich, Marino, "Trade and Environment: What Conflict?", Law & Pol’y Int’l Bus, 31, pp.917~ (2000)
- McGinnis, John O., "The Decline of the Western Nation State and the Rise of the Regime of International Federalism", Cardozo L. Rev, 18, pp.903~ (1996)
- McLaughlin, Richard J., "Sovereignty, Utility, and Fairness: Using U.S. Takings Law to Guide the Evolving Utilitarian Balancing Approach to Global Environmental Disputes in the WTO", Or. L. Rev, 78, pp.855~ (1999)
- Miller, Carol J., "WTO Scrutiny V. Environmental Objectives: Assessment of the International Dolphin Conservation Program Act", Am. Bus. L. J, 37, pp.73~ (1999)
- Myers, Brian K., "Trade Measures and the Environment: Can the WTO and UNCLOS be Reconciled?", UCLA J. Envtl. L. & Pol’y, 23, pp.37~ (2005)
- Neuling, Bruce, "The Shrimp – Turtle Case: Implications for Article XX of GATT and the Trade and Environment Debate", Loy. L. A. Int’l & Comp. L. Rev, 22, pp.1~ (1999)
- Nissen, Lynn, "Achieving a Balance between Trade and the Environment: the Need to Amend the WTO", GATT to Include Multilateral Environmental Agreement, 1997, pp.28, 901~
- Okubo, Atsuko, "Environmental Labeling Programs and the GATT", WTO Regime, 1999, pp.11, 599~
- Paltrowitz, Julie H., "A “Greening” of the World Trade Organization? A Case Comment on the Asbestos Report", Brook. J. Int’l L, 26, pp.1789~ (2001)
- Ponnambalam, Arjun, "U.S. Climate Change Legislation and the Use of GATT Article XX to Justify a “Competitiveness Provision” in the Wake of Brazil‐Tyres", Geo. J. Int’l L, 40, pp.261~ (2008)
- Rich, Andy J., "International Trade and the Environment: A Seething Antagonism?", Currents: S. Tex. INT'L TRADE L.J, 12, pp.17~ (2003)
- Schoenbaum, Thomas J., "International Trade and Protection of the Environment: The Continuing Search for Reconciliation", Am. J. Int’l L, 91, pp.268~ (1997)
- Schwartz, Brian, "WTO and GMOs: Analyzing the European Community’s Recent Regulations Covering the Labeling of Genetically Modified Organisms", Mich. J. Int’l L, 25, pp.771~ (2004)
- Shaffer, Gregory C., "The World Trade Organization under Challenge: Democracy and the Law and Politics of the WTO’s Treatment of Trade and Environment Matters", Harv. Envtl. L. Rev, 25(1), pp.1~ (2001)
- Skinner, Jonathan, "A Green Road to Development: Environmental Regulations and Developing Countries in the WTO", Duke Envtl. L. & Pol’y F, 20, pp.245~ (2010)
- Tussie, Diana, "Introduction to the Environment and International Trade Negotiations: Developing Country Stakes", pp.13~ (2000)
- Tyler, Zachary, "Saving Fisheries on the High Seas: The Use of Trade Sanctions to Force Compliance with Multilateral Fisheries Agreements", Tul. Envtl. L. J, 20, pp.43~ (2006)
- Voon, Tania, "Sizing up the WTO: Trade‐Environment Conflict and the Kyoto Protocol", J. Transnat’l L. & Pol’y, 10, pp.71~ (2000)
- Winter, Ryan L., "Reconciling the GATT and WTO with Multilateral Environmental Agreements: Can We Have Our Cake and Eat It Too?", Colo. J. Int’l Envtl. L. & Pol’y, 11, pp.223~ (2000)
- Wold, Chris, "Taking Stock: Trade’s Environmental Scorecard after Twenty Years of “Trade and Environment”", Wake Forest L. Rev, 45, pp.319~ (2010)
- Zhang, ZhongXiang, "Domestic Climate Policies and the WTO", The World Economy, 27, pp.359~ (2004)
- Zhao, Yuhong, "Trade and Environment: Challenges after China’s WTO Accession", Colum. J. Envtl. L, 32, pp.41~ (2007)
- "Appellate Body Report, United States‐Standards for Reformulated and Conventional Gasoline", ILM, 35, pp.603~ (1996)
- Appellate Body Report, United States–Import Prohibition of Certain Shrimp and Shrimp Products, , ~, pp.WT (1998), DS58[DOI]
- Appellate Body Report, Korea–Measures Affecting Imports of Fresh, Chilled and Forzen Beef, , ~, pp.WT (2000), DS161, 169[DOI]
- Appellate Body Report, United States–Import of Certain Shrimp and Shrimp Products: Recourse to Article 21.5 of the DSU by Malaysia, , ~, pp.WT (2001), DS58[DOI]
- Appellate Body Report, Brazil–Measures Affecting Imports of Retreaded Tyres, , ~, pp.WT (2007), DS332[DOI]
- Panel Report, Thailand‐Restrictions on Importation of and Internal Taxes on Cigarettes, , ~, pp.GATT B.I.S.D. DS10 (1990), R‐37S[DOI]
- "Panel Report, United States‐Restrictions on Imports of Tuna", GATT B.I.S.D. 39S, 1991
- "Panel Report, United Stated–Restrictions on Imports of Tuna", I. L. M, 33, pp.839~ (1994)
- Panel Report, United States Standards for Reformulated and Conventional Gasoline, , ~, pp.WT (1996), DS2[DOI]
- Panel Report, United Stated–Import Prohibition of Certain Shrimp and Shrimp Products, , ~, pp.WT (1998), DS58[DOI]
- Agreement on Technical Barriers to Trade, "Marrakesh Agreement Establishing the World Trade Organization, Annex 1A, Legal Instruments Results of the Uruguay Round", I.L.M, 33, pp.1125~ (1994)
- Agreement on the Application of Sanitary and Phytosanitary Measures, "Marrakesh Agreement Establishing the World Trade Organization, Annex 1A, Legal Instruments‐Results of the Uruguay Round", I.L.M, 33, pp.1125~ (1994)
- "Marrakesh Agreement Establishing the World Trade Organization", 33 I. L. M. 1144, ~ (1994)
- WTO Secretariat, Negotiating History of the Coverage of the Agreement on Technical Barriers to Trade with Regard to Labeling Requirements, Voluntary Standards, and Processes and Production Methods Unrelated to the Product Characteristics, , ~, pp.G (1995), TBT[DOI]
- Decision on Trade and Environment, "Legal Instruments–Results of the Uruguay Round, Ministerial Decisions (adopted by the Trade Negotiations Committee, 1994)", I. L. M, 33, pp.1268~ (1994)
- "High Seas Driftnet Fisheries Enforcement Act of 1992", Pub. L. No. 102‐582 s 203, 106 Stat. 4900, ~ (1992)
- OECD Secretariat, "Processes and Production Methods (PPMs): Conceptual Framework and Considerations on Use of PPM‐Based Trade Measures", ~, pp.OECD (1997), GD(97)137
- Report of the Committee on External Economic Relations on Environment and Trade, , Eur, Parl. Doc, ~, pp.A3‐0329 (1992), 92
- U.N. Environment Program Governing Council, Report of the World common on Environment and Development, Our Common Future, , U.N. Doc, ~, pp.UNEP (1987), GC. 14[DOI]
- Brack Duncan, "International Trade and Climate Change Policies", pp.9~ (2000)
- Figueres Olsen, "Trade and Environment at the World Trade Organization: The Need for a Constructive Dialogue, in the Role of the World Trade Organization in Global Governance" (2000)
- Status Report on the Use of Environmental Labels Worldwide, "Office of Pollution Prevention and Toxics", U.S. Environmental Protection Agency, ~ (1993)
- "Early years: Emerging environment debate in GATT/WT"[URL]
- "Relevant WTO Provisions: Text of 1994 Decision"[URL]
- "Trade and Environment"[URL]
- "Free Trade: Benefit or Peril for the Environment? Common Dreams" (2004)[URL]
- "Trade and Environment at the WTO" (2004)[URL]
- "Environment: Issues–Labeling"[URL]
