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Never For-Gatt: What Recent Tbt Decisions Reveal About The Appellate Body’S Analysis Of Environmental Regulation Under The Wto Agreements, Ravi Soopramanien
Never For-Gatt: What Recent Tbt Decisions Reveal About The Appellate Body’S Analysis Of Environmental Regulation Under The Wto Agreements, Ravi Soopramanien
Sustainable Development Law & Policy
Few environmentalists have positive things to say on the impact of the World Trade Organization (WTO) on the environment. WTO legal obligations are frequently cited as the most significant impediment to a range of environmental initiatives, including notably meaningful international coordination to combat climate change, particularly through carbon tax initiatives, and imposition of electronic waste disposal export bans. In this vein, adverse findings of WTO dispute panels on environmental conservation measures tend to attract the ire of international civil society. The tensions between liberal trade and environmental protection can be traced back to the days of the General Agreement on …
Follow The Leader: Eliminating Perverse Global Fishing Subsidies Through Unilateral Domestic Trade Measures, Anastasia Telesetsky
Follow The Leader: Eliminating Perverse Global Fishing Subsidies Through Unilateral Domestic Trade Measures, Anastasia Telesetsky
Maine Law Review
Perverse subsidies including fuel tax rebates lead to overfishing though a combination of overcapacity and excess fishing effort. The current overfishing trend has depleted certain key commercial fisheries with implications for future food security, particularly in regions dependent on fish protein. Over the course of the past four decades, there have been a number of multilateral efforts to eliminate the subsidies including environmental treaties, environmental targets, and trade negotiations. None of these attempts and a global cooperative response have achieved a reduction in perverse subsidies. This Essay proposes the adoption of unilateral trade measures or a set of “Friends of …
The Culture War: A Look At The Cultural Exception Principle In International Trade Law, Liz Schéré
The Culture War: A Look At The Cultural Exception Principle In International Trade Law, Liz Schéré
Fordham International Law Journal
In studying the concepts of trade and culture in the context of international law, it appears at first that the two are at odds: the cultural exception approach vouches for protectionism and national sovereignty while trade defends liberalization and globalization. However, within this distinction lies a misconception. Culture doesn’t necessarily reject trade. The word “exception” does. This study presents and analyzes the notion of cultural exception within the framework of international trade law, specifically examining the legal protections and recourses offered by the World Trade Organization (“WTO”) and alternative treaties and agreements (e.g. Canada-U.S. Free Trade Agreement (“CUSFTA”), United Nations …