In 1979 the Brandt Commission recommended that an international trade organization incorporating both GATT and UNCTAD was the objective towards which the international community should work. This dream came true in January 1995 when the World Trade Organization (WTO) became the successor to GATT, the General Agreement on Tariffs and Trade. But the WTO can not deal with trade in isolation since it is linked with many other fields: labor, development or environment. If the importance of protecting the environment is clearly acknowledged in the preamble of the agreement that established the WTO, it doesn't seem to be the main concern in the negotiations. Two different conceptions concerning the impact of trade on environment are usually referred to: while environmentalists (mainly NGOs) think that the WTO works against the interests of the environment by supporting non-restricted trade that curbs environment-friendly policies, the WTO asserts that environment protection and trade can be mutually supportive. The WTO can argue that substantial rules created to permit environment protection do exist: beyond the "general exceptions" recognized in stalwart WTO rules, many agreements dealing with one specific field (technical barriers, biosafety, and services) aim at ensuring cooperation and protecting the environment.
But the WTO role concerning environment, the efficiency of its legal codes and procedures have often been questioned. If one can first consider the environment-friendly aspect of WTO law and processes, one must also point out that trade can tend to hamper environment protection as shown in the numerous disputes occurred between WTO members about the conflict between trade and environmentalist policies.
[...] All in all, the WTO should pay further attention to the environmental issue which tends to get more and more central in the global political debate. Yet, the WTO is not an environmentalist organization: a “World Environment Organization” could be created as a means to bring the order needed in environment-defending policies MEAs, which lack consistence, coherence and effectiveness. But the WTO must not dodge this crucial task of ensuring mutual support between free trade and environment protection. It can strive to improve its Dispute Settlement Process, give more power to the CTE in its objective to combine environment- supporting measures and trade liberalization. It [...]
[...] Another case opposing the European Community and the US, also concerning US regulation on dolphin protection, was submitted to the panel in 1994. Once again in the name of trade liberalization, it decided to rule in favour of the members of the European Community. A new trend toward a better concern for environment protection? The Dispute Settlement Process was reformed and revamped in 1995 when the WTO was created after the Uruguay Round. This change was supposed to take environment protection into account as inscribed in the WTO provisions on general exceptions. [...]
[...] WTO law can support environment 2 The positive effect of trade liberalization: win-win-win scenarios Members of WTO have ceaselessly reasserted the potential environmental benefits of removing trade restrictions and distortions in specific sectors. Trade liberalization has the power to yield advantages for both multilateral trading system and the environment. Indeed, this conception of WTO contends that trade liberalization is not the primary cause of environmental degradation. The environmental benefits of curbing trade restrictions are likely to be indirect and not really visible by economic actors or global community. [...]
[...] This agreement among the others is designed to make trade and environment protection mutually supportive. By ensuring sustainable development, WTO is working to promote both of them. But written rules are not efficient if there is no body to enforce them and rethink the existing policies applied in priority sectors. The CTE : a specific organ aiming at tackling environmental issues The Committee on Trade and Environment (CTE) was established by the WTO General Council in January 1995 and includes all WTO members and some observers from intergovernmental organizations. [...]
[...] Panel reports may be subject to appeal to the appelate body, a permanent group of seven experts in trade issues and trade law who are in charge of reviewing the legal aspects of reports issued by panels. When a panel or the appelate body concludes that a measure is inconsistent with a covered argument, it must recommend that the member concerned bring the measure into conformity with that agreement. In addition, the panel or appelate body may suggest ways in which the member concerned could implement the recommendations. [...]
APA Style reference
For your bibliographyOnline reading
with our online readerContent validated
by our reading committee
