Environment and Trade

Environment and Trade
A Guide to WTO Jurisprudence
By Nathalie Bernasconi-Osterwalder, Daniel Magraw, Maria Julia Oliva and Marcos Orellana and Elisabeth Tuerk. Foreword by Philippe Roch.

$145.00
Hardback

December 2005 • 392 pages • 240 x 170mm • ISBN 9781844072989

International trade rules have significant impacts on environmental law and policy, at the domestic, regional and global levels. At the World Trade Organization (WTO), dispute settlement tribunals are increasingly called to decide on environment- and health-related questions. Can governments treat products differently based on environmental considerations? Can they block the import of highly carcinogenic asbestos-containing products or genetically modified crops? Does the WTO allow governments to protect dolphins or endangered sea turtles through the use of import restrictions on certain products? How can civil society participate in WTO dispute settlement?

This Guide, authored by five world leaders on international environmental and trade law at the Center for International Environmental Law (CIEL), is an accessible, comprehensive, one-of-a-kind compendium of environment and trade jurisprudence under the WTO. Providing an overview for both experts and non-experts of the major themes relevant to environment and trade, it also analyses how WTO tribunals have approached these themes in concrete disputes and provides selected excerpts of the most significant cases.

CONTENTS (Expand Contents)

Introduction

Part I: Like Products

Background

Discussion of relevant WTO provisions

Selected literature

Selected jurisprudence relating to 'like products' under GATT Articles I and III

Part II: General Exceptions Clauses

Discussion of relevant WTO provisions

Selected literature

Part III: The Necessity Requirement

Discussion of Relevant WTO Provisions

Selected issues relating to the necessity requirement

Part IV: Processes and Production Methods

Eco-labelling

Discussion of relevant WTO provisions

Part V: Extraterritoriality

Discussion of relevant WTO provisions

Selected literature

Part VI: The Role of Science and the Precautionary Principle

Discussion of relevant WTO

Selected issues relating to the role of science and the Precautionary Principle

Part VII: The Relationship Between the TRIPS Agreement and the CBD

Discussion of relevant provisions

State of play at the WTO and CBD

Part VIII: Participation in WTO Dispute Settlement: The Case of Amicus Briefs

Discussion of relevant WTO provisions

Authority of panels and the Appellate Body to accept and consider legal and/or factual information

Application of discretionary power

Selected jurisprudence relating to amicus briefs

ABOUT THE AUTHOR(S)

Nathalie Bernasconi-Osterwalder, Managing Attorney, CIEL Geneva (lead author); Daniel Magraw, President, CIEL; Maria Julia Oliva, Staff Attorney, CIEL; Marcos Orellana, Senior Attorney, CIEL; and Elisabeth Tuerk, UNCTAD, former staff attorney with CIEL.

Published with the Center for International Environmental Law (CIEL)

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