International Trade Law Commons^™

The Puzzling Relationship Between Trade And Environment: Nafta, Competitiveness, And The Pursuit Of Environmental Welfare Objectives, Ileana M. Porras

Indiana Journal of Global Legal Studies

The North American Free Trade Agreement (NAFTA) is often claimed to be a "promising beginning" for the reconciliation of trade and environment. Professor Porras, however, suggests that the form that "reconciliation" takes in NAFTA is extremely problematic. Harmonization of standards to facilitate the free flow of trade is a familiar trade goal. NAFTA's provisions regarding environmental standards, however, are not a straightforward requirement to harmonize standards. Rather, NAFTA recognizes state autonomy in standard setting, on the one hand, while requiring a form of upward harmonization, on the other. According to Professor Porras, the result of such an arrangement is the …

Environmental Standards Within Nafta: Difference By Design And The Retreat From Harmonization, Jeffrey Atik

Indiana Journal of Global Legal Studies

Professor Atik argues that NAFTA, in legitimating regulatory differences among the NAFTA parties, represents a repudiation of standard harmonization. He states that while NAFTA and its environmental side agreement "have been described as the 'greenest' trade agreement to date," it marks a significant retreatfrom efforts to harmonize global environmental standards. This rejection is a product of "ajealous retention of sovereignty" by the NAFTA parties, as well as the careful maintenance of the parties' distinct production roles and specialities. Thus, Professor Atik argues that a convergence of standards will likely remain elusive within NAFTA. Both highstandard and low-standard parties may prefer …

The General Agreement: From Tariffs And Trade To Sustainable Development, Mark Anthony Drumbl

Scholarly Articles

In order to deal adequately with the immense environmental problems we face, it is not sufficient to clean up past mistakes. We must also restructure traditional trade practices to curtail future environmental harms. This article is an attempt to offer ideas as to how such a restructuring could take place.

Environmental degradation is increasingly becoming an issue of global security. Water depletion, air pollution, deforestation, soil erosion, and the possibility of rising sea levels in overcrowded regions are all phenomena that may prompt mass migrations. This, in turn, might incite group conflicts. In this regard, environmentally related issues could constitute …

Country/Region Reports -- United States Of America, Linda A. Malone

Faculty Publications

No abstract provided.

Banning Waste Exports: Much Ado About Nothing, Mark A. Montgomery

Buffalo Journal of International Law

No abstract provided.

The Process/Product Distinction And The Tuna/Dolphin Controversy: Greening The Gatt Through International Agreement, Alan Isaac Zreczny

Buffalo Journal of International Law

No abstract provided.

Free Trade And The Environment: Will Free Trade Save China's Environment?, Paul J. Smith

Buffalo Journal of International Law

No abstract provided.

International Trade And Environmental Development: A View From India, R. S. Pathak

Indiana Journal of Global Legal Studies

No abstract provided.

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 …

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.

Using Trade To Enforce International Environmental Law: Implications For United States Law, Mary Ellen O'Connell

Journal Articles

The United States has enviable domestic environmental protection laws. However, good domestic environmental protection raises two concerns: effectiveness and competitiveness. In response to these two problems of environmental protection—effectiveness and competitiveness—members of Congress introduced over thirty bills in 1990 to amend U.S. trade laws. The bills were designed to either press other states to adopt environmental protection standards similar to the United States own or to at least minimize the competitive disadvantage for U.S. business inherent in U.S. regulations. The bills took one of two approaches: either they aimed at restricting access to U.S. markets for those states failing to …

Country/Region Reports -- United States Of America, Linda A. Malone

Faculty Publications

No abstract provided.

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

This Case Digest provides brief analyses of cases that represent cur-rent aspects of transnational law. The Digest includes cases that establish legal principles and cases that apply established legal principles to new factual situations. The cases are grouped in topical categories and references are given for further research.

Protection, Not Protectionism: Multilateral Environmental Agreements And The Gatt, Betsy Baker

Vanderbilt Journal of Transnational Law

In this Article, Dean Baker examines the compatibility of multilateral environmental agreements with the provisions of the General Agreement on Tariffs and Trade (GATT). The author discusses the key provisions of the Basel Convention on the Control of Transboundary Movements of Hazardous Waste, the Montreal Protocol on Substances that Deplete the Ozone Layer, the United Nations Framework Convention on Climate Change, and the GATT. The author then reviews the conflict between unilateral environmental protection and open and free trade under the GATT. The author concludes the collective interests represented by international environmental agreements, and the agreements themselves, should provide a …

A Survey Of The Enforcement Of International Wildlife Trade Regulation Under United States Law, Jennifer Zoe Brooks

William & Mary Environmental Law and Policy Review

No abstract provided.

Toward A Sustainable Maine : The Politics, Economics, And Ethics Of Sustainability, Richard Barringer (Ed.)

Maine Collection

Toward A Sustainable Maine : The Politics, Economics, and Ethics of Sustainability

Richard Barringer, editor, Professor Emeritus at the University of Southern Maine

Edmund S. Muskie Institute of Public Affairs, University of Southern Maine, Portland, Maine, 1993.

The proceedings of a conference presented at Bowdoin College on March 19 and 20, 1993, by the Edmund S. Muskie Institute of Public Affairs at the University of Southern Maine, and by the Natural Resources Council of Maine. Ellen Baum, conference organizer.

Contents; Foreword by Richard Barringer / Welcome by Everett Carson / Global, Canadian, and Maine Perspectives / Sustaining Our Natural and …

The Earth As Eggshell Victim: A Global Perspective On Domestic Regulation, Alfred C. Aman

Articles by Maurer Faculty

In the now famous case of Vosburg v. Putney, the Wisconsin Court enunciated the common law doctrine since known as the "eggshell skull" or "thin skull" rule: you take your victim as you find him. The thin skull rule is a productive starting point for a dialogue on the place of law in any effort to control (or reverse) the cumulative damage to the planet's ecosystem. Any such dialogue requires a global perspective that fuses international and domestic approaches to law. Environmental law must assess not only the level of assault against the earth, but also the risk of the …

Country/Region Reports -- United States Of America, Linda A. Malone

Faculty Publications

No abstract provided.

Gatt And Environmental Protection, Kristina Haverkamp

LLM Theses and Essays

This thesis analyzes the direct and indirect impacts of Articles I, II, III, VI, XVI, and XXII of the General Agreement on Tariffs and Trade (GATT) on three broad catetgories of national environmental protection measures: (1) those offsetting environmental compliance costs, (2) those incentivizing volutnary environmental efforts, and (3) those promoring environmental protection in foreign countries. This thesis discusses the applicability and scope of government subsidies and countervailing duties as present in Articles XVI and VI and how they deviate from the standards of Articles I and II, the non-discrimination obligations set forth in Articles I and III, including the …

Parent Corporate Liability For Hazardous Substance Release From On-Shore Facilities In The International Market: Legal Approaches Of The United States, The European Community And Germany, Alicia Stone

In the Public Interest

No abstract provided.

International Trade And The Environment: Interdependent Goals Or Irreconcilable Conflict? Introduction

Washington and Lee Law Review

No abstract provided.

World Trade Rules And Environmental Policies: Congruence Or Conflict?, John H. Jackson

Washington and Lee Law Review

No abstract provided.

Resolving The Trade And Environment Debate: In Search Of A Neutral Forum And Neutral Principles, Patti A. Goldman

Washington and Lee Law Review

No abstract provided.

International Trade And Environment: Lessons From The Federal Experience, Richard B. Stewart

Washington and Lee Law Review

No abstract provided.

A Kantian Approach To Trade And The Environment, Robert F. Housman

Washington and Lee Law Review

No abstract provided.

The Need For An International Dispute Panel: Position, Consensus And Interdependent Goals, Gray C. Castle

Washington and Lee Law Review

No abstract provided.

Reconciling International Trade With Preservation Of The Global Commons: Can We Prosper And Protect?, Jeffrey L. Dunoff

Washington and Lee Law Review

No abstract provided.

Appointments With Disaster: The Unconstitutionality Of Binational Arbitral Review Under The United States-Canada Free Trade Agreement, Jim C. Chen

Washington and Lee Law Review

No abstract provided.

Environment And Trade Measures After The Tuna/Dolphin Decision, Frederic L. Kirgis, Jr.

Washington and Lee Law Review

No abstract provided.

The International Trade Regime And The Municipal Law Of Federal States: How Close A Fit?, David A. Wirth

Washington and Lee Law Review

No abstract provided.