Professional Documents
Culture Documents
RAM MANOHAR
LOHIYA NATIONAL LAW
UNIVERSITY
SYNOPSIS :- INTERNATIONAL
ENVIRONMENT LAW
SUBMITTED TOBY-
SUBMITTED
IXth
SECTION-A
ROLL
TABLE OF CONTENTS
>INTRODUCTION
>ORIGINS OF TRADE AND ENVIRONMENTAL CONFLICTS
>RECONCILING TRADE AND ENVIRONMENT
>ENVIRONMENT AND WTO PREAMBLE
>PRECAUTIONARY PRINCIPLE
>INDIAN AND ENVIRONMENTAL ISSUES AT WTO
>CONCLUSION
>BIBLIOGRAPH
INTRODUCTION
International concern for the environment, except in particular areas such as marine pollution
and aircraft noise, is of relatively recent origin. Protection of the environment was not a major
issue when the General Agreement on Tariffs and Trade was drawn up. Not a word was said
about the environment in GATT 1947. The same is the case in the charter of UN and the
treaty of rome establishing the European Economic Community. It was only in the beginning
of 1950s, a number of widely read books and films1 stimulated a world wide movement
dedicated to preservation of the environment.
The Tokyo round of GATT negotiations in the 1970s consolidated the assault on non-tariff barriers
and produced a series of GATT codes to combat some of the obstacles. The Uruguay Round of
negotiations advancedthe process further by adding new non- tariff concerns such as intellectual
property to the GATT agenda. Trade experts see this as a pattern to cutdown non-tariff barriers. Some
see this as protectionist interests finding new ways to bend trading system.2
While the vituperative nature of some of the assaults on the international trade regime has been
excessive, the charge that trade and trade liberalisation can be environmentally counterproductive is
accepted even by the most ardent free traders. 3 Stripped of its ad hominem aspects, the
environmentalists challenge to free trade boils down to four central propositions:
Firstly, international trade and protection of the environment are both essential for the
welfare of mankind. In a majority of the matters, these two values do not come into conflict
with each other. Rather they supplement each other.4 Section 2.19 of agenda 21, which was
adopted at the UN conference on Environment and Development in 1992 states that
environment and trade policies should be mutually supportive. An open multilateral trading
system makes possible a more efficient allocation and use of resources and thereby
contributes to an increase in production and incomes and to the lessening of demands on the
environment protection. A sound environment, on the other hand, provides the ecological and
other resources needed to sustain growth and underpins the continuing expansions of trade. 5
Prior
to
the
disinclined
to
founding
give
of
much
the
WTO
weight
in
to
1995,
dispute
environmental,
and
settlement
other
panels
social
were
policy
considerations in 'determining how trade and domestic policies should be craned for members to
comply
with
GATT non-discrimination
obligations.
However, reflecting
the
trend
in
intemational_agreements that makes specific reference to the need to balance the trade and economic
objectives of the GATT, GATS, TRIPS and other WTO agreements on the one hand and
environmental policy considerations on the other. The opening paragraphs of the Preamble to the
Agreement Establishing the World Trade Organisation States;The Parties to this Agreement,
Recognising that their relations in the field of trade and economic endeavor should be conducted
with a view to raising standards of living, ensuring full employment and a large and steadily growing
volume of real income and effective demand, and expanding the production of and trade in goods
and services, while allowing for the optimal use of the world's resources in accordance with the
objective of sustainable development. seeking both to protect and preserve the environment and to
enhance the means for doing so in a manner consistent with their respective needs and concerns at
different levels of economic development.6
The
between
WTO
and
Multilateral
Environmental
Agreements-(MEA) was a hotly debated topic during the last decade. There are at least nearly 250
MEAs in existence, of which the WTO secretariat has identified 22 with potential trade policy
implications. Many of these agreements protect specific group and classes of flora and fauna, while
others facilitate the joint management of resources taken in the global commons and still others
focus on broader environmental problems.7
ENVIRONMENTAL SUBSIDY
6 Sabrina Shaw and Risa Sauchwartz, trade and environment in the WTOState of play, Journal of World Trade, 36(!), 929-154, 2002
7 www.wto.com
for forest and leather produces and subsidies in agriculture and fisheries in order to contribute to
both environmental protection and trade liberalisation.
long
standing
debate
covering
the
relationship
of
trade
and
environment is the compatibility of the TRIPS and the Convention on Biological Diversity (CBD).
The issue has got a new lease of life in the recent discussions in the CTE, TRIPS Council and the
CBD.
PRECAUTIONARY PRINCIPLE
The
precautionary
principle
has
been
defined
as
taking
precautionary
measures when there is insufficient scientific proof, yet when inaction could lead to irreversible
damage
or
risks
to
human
health
or
the
environment.
The
controversial issue that surrounds the principle is not to the determination of whenthe threshold
shifts the burden of proof towards protection of the environment, or health or safety. This threshold
can be high, when it involves serious or irreversible harm to the environment, or lower, when it may
cause harm to the environment.8
India
has
called
for
moratorium
on
linking
trade
and
environment
unless
8 ibid
CONCLUSION
Trade liberalisation and environmental protection share a common aim to enhance social welfare by
improving
the
quality
of
life.
In
pursuing
for
this
cherished common goal considerable amount of conflict arose over the adoption of approaches and
emphasis. The issues concerning environment have grown in prominence for both domestic and
international
environmental
policy
issues
affecting
or
effecting
agendas.
trade
draws
the
The
attention
of
the
policy
makers. The problem of environment has revealed the ecological inter-dependence. No country has
complete
environmental
independence.
For
the
BIBLIOGRAPHY
A.K. Kaul, Trade and Environmental Law, 1st ed. 2005, Bharat Law House, Jaipur
P.K. Rao, International Environmental Law and Economics, Blackwell Publishers, 2002
Urls
www.wto.com
www.trade.com/enviro