International Trade Law Commons^™

Facing Arbitration For Environmental Regulation: Arbitration Under Chapter 11 Of The North American Free Trade Agreement Between Methanex Corporation And The United States Of America , Rekha Rao

Sustainable Development Law & Policy

No abstract provided.

Against Sustainable Development Grand Theory: A Plea For Pragmatism In Resolving Disputes Involving International Trade And The Environment, Robert F. Blomquist

Law Faculty Publications

No abstract provided.

Book Review, Lakshman D. Guruswamy

Publications

No abstract provided.

International Environmental Law: 2005 Annual Report, Vail T. Thorne, Lakshman Guruswamy, Kevin L. Doran

Publications

No abstract provided.

Will The Wto Turn Green? The Implications Of Extending Observer Status To Multilateral Environmental Agreements, Richard L. Skeen

ExpressO

This article addresses whether the WTO should extend permanent observer status to multilateral environmental agreements and analyzes the impact of injecting environmental issues into the multilateral trading system. The paper begins with a chronological analysis of the transition from the GATT governance of international trade to the formation of the WTO and will also examine influences upon the formation and the agenda of the Committee on Trade and the Environment. The discussion continues with a look at the Committee on Trade and the Environment’s first year of progress and discussion of the critical report entitled Special Studies 4: Trade and …

Book Review: Assessing The Cec's Impact On Nafta, Robert C. Hale

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Wto And Gmos: Analyzing The European Community's Recent Regulations Covering The Labeling Of Genetically Modified Organisms, Brian Schwartz

Michigan Journal of International Law

This Note explores the compatibility of the EC's GMO regulations within the framework of the Agreement on the Application of Sanitary and Phytosanitary Measures ("SPS Agreement"), the Agreement on Technical Barriers to Trade ("TBT Agreement"), and the General Agreement on Tariffs and Trade 1994 ("GATT 1994" or "GAT"), all integral parts of the WTO Agreement. Part II presents arguments for or against the use of GM-products. Part III explores the concept of ecolabeling by analyzing the general goals of such programs, including the economic theory behind green consumerism and the characteristics necessary for effective schemes. Part IV describes the core …

The New Codex Alimentarius Commission Standards For Food Created With Modern Biotechnology: Implications For The Ec Gmo Framework's Compliance With The Sps Agreement, Aaron A. Ostrovsky

Michigan Journal of International Law

This Note makes two assertions. First, despite the fact that the Codex guidelines do not specifically invoke the Precautionary Principle in name, it can indeed be read into the guidelines in the amount of deference given to states in how they assess risk. This in turn means that the E.C.'s Deliberate Release Directive should be enjoy a presumption of compliance with both the SPS Agreement and the GATT. The second assertion is that even if the adjudicating body of the WTO finds that the Deliberate Release Directive, in relying on the Precautionary Principle, prescribes a higher level of protection than …

Should The World Trade Organization Incorporate Labor And Environmental Standards, Chantal Thomas

Washington and Lee Law Review

No abstract provided.

Should The World Trade Organization Incorporate Labor And Environmental Standards?, Chantal Thomas

Cornell Law Faculty Publications

No abstract provided.

Climate Change And The Wto: Opportunities To Motivate State Action On Climate Change Through The World Trade Organization, Meinhard Doelle

Articles, Book Chapters, & Popular Press

This article explores the role of trade in motivating action on climate change, using the specific example of developments within the World Trade Organization (WTO).

The Kyoto Protocol, the first international agreement with legally binding commitments to begin to address climate change by reducing greenhouse gas (GHG) emissions, is expected to come into force in 2004. With it, most of the developed world will be committed to modest reduction targets over the next decade. The two largest per capita emitters, the USA and Australia, have so far opted not to join this modest effort to address climate change, and developing …

International Environmental Law: 2004 Annual Report, Vail T. Thorne, Lakshman Guruswamy, Kevin L. Doran

Publications

No abstract provided.

Developing Internationally Uniform Liability Principles For Harms From Genetically Modified Organisms , Ryan C. Hansen

ExpressO

This paper analyzes the current legal principles regarding liabillity for harms from genetically modified organisms (GMOs) in the U.S. and E.U., as well as the various international policies and mechanisms affecting GMOs

Multilateral Environmental Agreements & World Trade, Melanie Nakagawa

Sustainable Development Law & Policy

No abstract provided.

Inordinate Chill: Bits, Non-Nafta Mits, And Host-State Regulatory Freedom- An Indonesian Case Study, Stuart G. Gross

Michigan Journal of International Law

A number of structural factors, which are beyond the immediate scope of this Note, may influence less wealthy countries to cave in to investor threats of arbitration, as Indonesia appears to have done here. However, their hesitancy to fight may also be based, in part, on an inadequate understanding of the applicable law, which allows investors to inordinately influence host-State decisions through threats of arbitration that have little or no chance of success. In regard to the mining companies' threat, this at least appears to be the case. As this Note will demonstrate, the GOI could have likely beaten the …

The Doha Declaration And Beyond: Giving A Voice To Non-Trade Concerns Within The Wto Trade Regime, Larry A. Dimatteo, Kiren Dosanjh, Paul L. Frantz, Peter Bowal, Clyde Stoltenberg

Vanderbilt Journal of Transnational Law

The World Trade Organization (WTO) has been a significant force in the liberalization of trade across international borders since its inception in 1995. Commentators suggest that its reforms have converted the focus of international trade policy from removal of barriers to positive policy-making--a field historically occupied by domestic authorities. And although largely successful in the promotion of international trade, the Authors suggest that the binding provisions of the WTO ignore non-trade concerns such as environmental protection, consumer rights, labor rights, and state sovereignty. The Agreement's inattention to these related concerns is the primary locus of criticism of the WTO, culminating …

The Jordan Free Trade Agreement: Free Trade And The Environment, Emily Harwood

William & Mary Environmental Law and Policy Review

No abstract provided.

Treaties In Collision: The Biosafety Protocol And The World Trade Organization Agreements, Sabrina Safrin

Rutgers Law School (Newark) Faculty Papers

In the event of a conflict between the requirements of the Biosafety Protocol, a multilateral agreement governing the trade in genetically modified organisms, and the requirements of the General Agreement on Tariffs and Trade and associated agreements (collectively WTO Agreements), which treaty's requirements prevail? This question lies as the legal heart of the perceived conflict between trade globalization and environmental protection. This issue is particularly timely given the present trade dispute between the United States and European Union over the European Union’s restrictions on the importation of genetically modified agricultural commodities.

In this piece, I analyze the relationship between these …

Legal Ethics, Business Ethics And International Trade: Some Neglected Issues, Robert W. Mcgee

Cardozo Journal of International and Comparative Law

The article critiques the ethical shortcomings of utilitarianism in international trade policies, arguing that such policies often prioritize special interests over individual rights and public welfare. It advocates for a rights-based approach, emphasizing the protection of property and contract rights, and proposes reforms such as invoking the Takings Clause to ensure equitable outcomes. The analysis highlights the ineffectiveness and moral failings of measures like economic sanctions and protectionist policies, which frequently harm innocent populations and violate constitutional principles.

In Need Of Enlightenment: The International Trade Commission's Misguided Analysis In Sunset Reviews, Jennifer K. King

William & Mary Law Review

No abstract provided.

The Precautionary Principle: Development Of An International Standard, Sonia Boutillon

Michigan Journal of International Law

This Note characterizes and evaluates the current status of the precautionary principle in international law and suggests how it could be more effectively incorporated into bodies of law such as trade law. Much of the literature focuses on whether the principle is a legal rule. This Note shows that precaution need not necessarily fit into the traditional categories of international legal sources' but may derive its legal force from being interpreted as a standard. While the theme-and thesis-of this Note will strike some as provocative, it will appear as an understatement to others, thereby reflecting the ongoing controversy about the …

The Greening Of The World Trade Organization, Sydney M. Cone Iii.

Articles & Chapters

No abstract provided.

The Global Environment And Free Trade: A Vexing Problem And A Taxing Solution, John A. Barrett Jr.

Indiana Law Journal

No abstract provided.

Protectionism Or Environmental Activism? The Wto As A Means Of Reconciling The Conflict Between Global Free Trade And The Environment, Katie A. Lane

University of Miami Inter-American Law Review

No abstract provided.

The Case For Environmental Trade Sanctions, Richard Parker

Faculty Articles and Papers

No abstract provided.

World Trade Agreements: Advancing The Interests Of The Poorest Of Poor, John O. Mcginnis

Articles

No abstract provided.

Reconciling Trade And Environment: A Legal Analysis Of European And North American Approaches, Bradly J. Condon

Cardozo Journal of International and Comparative Law

The article examines the differing approaches of the European Union (EU) and the North American Free Trade Agreement (NAFTA) in reconciling trade liberalization with environmental protection. While the EU employs a proportionality principle that prioritizes environmental protection over trade in cases of conflict, NAFTA uses a least-trade-restrictive principle to balance these interests. The analysis highlights that both systems reflect distinct political, economic, and legal frameworks but could benefit from learning each other's strengths and addressing their respective weaknesses.

Trends. Labor And Environmental Standards And Human Welfare: Global Prescriptions, Ibpp Editor

International Bulletin of Political Psychology

This article discusses the human consequences - labor and environmental impacts - of free trade, and the impact of possible standards for addressing those consequences.

Environmental Survey Of Wto Dispute Panel Decisions Since 1995: "Trade At All Costs?", Craig A. A. Dixon

William & Mary Environmental Law and Policy Review

No abstract provided.

Sustainable Development: Reevaluating The Trade Vs. Turtles Conflict At The Wto, Virginia Dailey

Florida State University Journal of Transnational Law & Policy

No abstract provided.