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Articles 1 - 8 of 8
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Nafta & The Environmental Side Agreement: Fusing Economic Development With Ecological Responsibility, Reid A. Middleton
Nafta & The Environmental Side Agreement: Fusing Economic Development With Ecological Responsibility, Reid A. Middleton
San Diego Law Review
This Comment presents a substantive analysis of the North American Free Trade Agreement and its Environmental Side Agreement. It addresses the environmental questions surrounding the agreement and recognized the agreement's capacity to provide both economic and ecological enrichment in the U.S.- Mexican environment. The Comment analyzes the environmental criticisms of NAFTA, and illustrates why these criticisms are inaccurate. Through examination of the enforcement mechanisms of the Environmental Side Agreement, this Comment illustrates how Mexico's capacity and desire to fulfill its own environmental obligations, coupled with the necessary financing, will allow Mexico to independently put an end to decades of ecological …
The Domestic Legal Status Of The Gatt: The Need For Clarification, Thomas William France
The Domestic Legal Status Of The Gatt: The Need For Clarification, Thomas William France
Washington and Lee Law Review
No abstract provided.
Antecedents Of The Ito Charter And Their Relevance For The Uruguay Round, Raymond F. Mikesell
Antecedents Of The Ito Charter And Their Relevance For The Uruguay Round, Raymond F. Mikesell
Northern Illinois University Law Review
The author discusses the origins of the International Trade Organization ("ITO") and the International Monetary Fund ("IMF"). Next, the author addresses the issue of legalism versus pragmatism in the administration of the ITO and IMF. The author closes with a warning that the Uruguay Round did little to satisfy criticism that the General Agreement on Tariffs and Trade was too legalistic.
Reflections On The International Trade Organization, William Diebold
Reflections On The International Trade Organization, William Diebold
Northern Illinois University Law Review
The author discusses the reasons for the difference between the International Trade Organization ("ITO") and the General Agreement on Tariffs and Trade ("GATT"), the reasons for the ITO's failure, and reflects on international trade policy that would be in effect if the ITO had been successful. The author concludes that further inquiry must be made into the reasons for the original ITO's failure and the world's suitability for a new model ITO to provide any new ITO initiative an opportunity to succeed.
Developing Countries In The International Trade Order, Bartram S. Brown
Developing Countries In The International Trade Order, Bartram S. Brown
Northern Illinois University Law Review
This article focuses on the failure of the current international trade regime to protect the rights and legitimate interests of developing countries. The article provides a summary of the current international trade regime, and then proceeds to examine international trade principles in relation to developing countries. The article then explores the environmental consequences of international trade and the GATT on the developing countries, and finally examines the future for developing countries with regard to the international trade order. The article concludes that in today's international community, progress towards environmentally sustainable prosperity can best be achieved through international economic institutions that …
Searching For Gatt's Environmental Miranda, William Snape
Searching For Gatt's Environmental Miranda, William Snape
Articles in Law Reviews & Other Academic Journals
INTRODUCTION: While the clairvoyant may have anticipated it earlier, the policy struggle between environmental protection and liberal trade effectively began in August 1991. That month, as has been recounted numerous times, a General Agreement on Tariffs and Trade (GATT) arbitral panel declared that provisions of the U.S. Marine Mammal Protection Act (MMPA) were contrary to existing GATT rules. Although the panel's decision had several distinct legal elements, the crux of the dispute brought by the government of Mexico-and the basis of the panel's decision-was the U.S. executive's mandate to ban the importation of certain tuna caught by a fishing technique …
Product Standards To Protect The Local Environment--The Gatt And The Uruguay Round Sanitary And Phytosanitary Agreement, John J. Barceló Iii
Product Standards To Protect The Local Environment--The Gatt And The Uruguay Round Sanitary And Phytosanitary Agreement, John J. Barceló Iii
Cornell Law Faculty Publications
No abstract provided.
Institutional Misfits: The Gatt, The Icj & Trade-Environment Disputes, Jeffrey L. Dunoff
Institutional Misfits: The Gatt, The Icj & Trade-Environment Disputes, Jeffrey L. Dunoff
Michigan Journal of International Law
The central thesis of this article is that neither trade bodies, like the GATT or NAFTA, nor adjudicatory bodies, like the ICJ or the proposed International Court for the Environment, ought to resolve these issues. Instead, trade-environment conflicts should be heard before an institution that recognizes the interdependent nature of global economic and environmental issues and that has a mandate to advance both economic development and environmental protection. This body should have ready access to the scientific and technical expertise that would enable it to resolve trade-environment disputes knowledgeably. It should possess tools to encourage nations to comply with its …