Multilateral environmental agreements and trade rules

Environmental Policy and Law

Volumn 26, Issue 4, 1996, Pages 163-169

  Charnovitz, Steve ^a  

^a YALE UNIVERSITY   (United States)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 0041478027     PISSN: 0378777X     EISSN: None     Source Type: Journal    
DOI: 10.3233/EPL-1996-26403     Document Type: Article

References (48)

1. "United States - Restrictions on Imports of Tuna." GATT. BISD 39S/155, §5.26 and 5.31.
2. Frieder Roessler, "Diverging Domestic Policies and Multilateral Trade Integration," in Jagdish Bhagwati and Robert K. Hudec (eds.). Fair Trade and Harmonisation, Vol.2, 1996, p.33.
3. Agenda 21(1992), §2.22(j).
4. "Report by the Chairman of the Group on Environmental Measures and International Trade (Ukawa Report)," GATT, BISD 40S/75, §37.
5. WTO, Decision on Trade and Environment. 14 April 1995, 33 ILM 1255.
6. For a discussion, see David A. Wirth, "International Trade in Wastes," in Trade and Environment: Challenges for 1996.
7. Report on Trade and Environment to the OECD Council at Ministerial Level, 0CDE/GD (95) 63, 1995, p. 6.
8. "Trade, Environment and Sustainable Development," UN Doc. E/CN. 17/1996/8, §13.
9. See Steve Charnovitz, "Trade Measures and the Design of International Regime," Journal of Environment and Development, Vol. 5, 1996, p. 168.
10. Paul-Henri Spaak Lecture, 16 October 1995, WTO Press Office.
11. UNCTAD, "Environmental policies, trade and competitiveness: conceptual and empirical issues," 29 March 1995, §92-110.
12. GATT, International Trade 90/91, Vol. 1, 1992, Appendix II.
13. Convention for the Conservation of Anadromous Stocks in the North Pacific Ocean. Article 111(3), reprinted in The Marine Mammal Commission Compendium of Selected Treaties, International Agreements, and Other Relevant Documents on Marine Resources, Wildlife, and the Environment Vol. I, p. 1360.
14. United Nations Convention relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, Article 23(3), 34 ILM 1542.
15. For example, see Center for International Environmental Law, The Use of Trade Measures in Selected Multilateral Agreements. UNEP Environment and Trade #10.1995 and
16. Shannon Hudnall, "Towards A Greener International Trade System: Multilateral Environmental Agreements and the World Trade Organisation," Columbia Journal of IMW & Social Problems, Vol. 29, p. 175 (1996)
17. Vienna Convention on the Law of Treaties, Article 30.4(a).
18. For a discussion of this problem, see Steve Charnovitz, "A Taxonomy of Environmental Trade Measures," Georgetown International Environmental IMW Review, Vol. 6, p. 1 (1993).
19. IWC Resolution 1995-6. A sales ban for an item not produced domestically is tantamount to a trade measure.
20. Convention for the Prohibition of Fishing with Long Driftnets in the South Pacific, Article 3(2), 29 ILM 1454.
21. CITES Com. 8.22.
22. International Commission for the Conservation of Atlantic Tunas, Resolution on Atlantic Swordfish, November 1995. The trade measures are to be "nondiscriminatory" and consistent with international obligations.
23. It is interesting to note that the Charter of the International Trade Organisation provided that, as a general principle of intergovernmental commodity agreements, due consideration should be given to policies adopted by non-participants in relation to obligations assumed and advantages conferred." See Charter of the International Trade Organisation, Article 60(1) (c), reprinted in Michael Hart (ed.). Also Present at the Creation (1995).
24. See James Cameron and Jonathan Robinson, "The Use of Trade Provisions in International Environmental Agreements and Their Compatibility with the GATT," Yearbook of International Environmental IMW, Vol. 2, p.3 (1992).
25. Winfried Lang, "Is Protection of the Environment a Challenge to the International Trading System?", Georgetown International Environmental Law Review, Vol. 7, pp. 463, 466-67 (1995).
26. Letter from F G. Nichols to Gardner Patterson (GATT), 24 February 1971. Patterson noted that authoritative interpretations could only be given by the GATT Contracting Parties.
27. Communication to the Council and to the Parliament on Trade and Environment COM 96/54,7 March 1996, p. 11.
28. Convention for the Regulation of the Meshes of Fishing Nets and the Size Limits of Fish (1946), Article 9, 231 UNTS 199.
29. WTO Agreement on Technical Barriers to Trade, Article 2.5.
30. See Agreement Establishing the WTO, Annex 1A.
31. International Convention Relating to the Simplification of Customs Formalities, Protocol §1, 1923, 30LNTS 399.
32. Charter of the International Trade Organisation. Article 45(a)(x).
33. GATT, Article XV:9.
34. GATT, Article XXI(c).
35. Agreement on Trade-Related Aspects of Intellectual Property Rights, Articles 1,2,3,9,16,35, and 39.
36. GATT, Article XV (6).
37. Agreement Relating to the Implementation of Part XI of UNCLOS, Annex, Section 6(l)(b) 33 ILM 1309.
38. CITES, Article XIV (2).
39. Jeffrey Dunoff, "Institutional Misfits: The GATT, the ICJ & Trade-Environment Disputes," Michigan Journal of International Law, Vol. 15, p. 1085-93. In July 1993, the International Court announced the creation of a seven-member chamber of the Court for environmental matters. ICJ Communiqué No. 93/20 (July 19, 1993).
40. Charter of the International Trade Organisation, Article 96.
41. Basel Convention on the Control of Tranboundary Movements of Hazardous Wastes and their Disposal, Article 20.
42. NAFTA, Articles 2005.3 and 104.
43. Agreement Respecting Normal Competitive Conditions in the Commercial Shipbuilding and Repair Industry (1994), Article 8(9).
44. Steve Charnovitz, "The WTO Panel Decision on U.S. Clean Air Act Regulations," International Environment Reporter, 6 March 1996, p. 191.
45. "Non-Paper by the European Community," 19 February 1996, available at http://www.gets.org/gets.
46. WTO Doc. WT/CTEAV/20, 15 February 1996.
47. Many commentators have suggested that political necessity is not a justification under Article XX(b).
48. At issue is how much China needs to conform its trade and development policies to WTO norms. Until China is allowed into the trade regime, WTO members are permitted to use discriminatory measures against it.