Interface between International Trade & Environment : A Study into the Role of WTO

Abstract

ABSTRACT & RESEARCH METHODOLOGY

ASTRACT

This Paper is concerned with the interface of international trade and environment and therefore a detailed study is made of the established international trade system in the form of WTO and the Relevant agreements and the committees and bodies established by WTO to look for possible solutions for reconcilement of these issues. However, not all agreements or committees or parts of WTO are examined in detail and the focus is on GATT, SPS, TBT, CTE and DS system of WTO.

The purpose of this study is to critically trace the WTO regime under GATT, TBT, SPS and othe; agreements and also to look into the dispute settlement system and CTE set up to look into environment issues. And look for the possibilities to mitigate trade and environment conflict in the search of a healthy standi solution between the both.

Research Questions:

1. Is there any truth to the trade and environment conflict? 2. Does trade by itself causes any consequential environmental harm? 3. How far is WTO responsible for trade-environment concerns?

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4 Can WTO be the correct forum to bring trade- environment reconciliation? Or is it too simplistic a solution? 5. What are problems in an institute like WTO in focusing on environment issues-is it feasible for them? What is at stake? Would trade lose a lot? 6. What could be the incentive for WTO to work towards a more environmentally sound trade regime? 7. Is it WTO's responsibility to work out some options within the frame work of WTO to mitigate the adverse effect of international trade on environment? 8. Is there a need to amend Article XX of GATT to give environmental Issues more leverage? 9. How can CTE be reviewed? 10. Should the WTO Panels and AB give more weightage to environmental issues while deciding a dispute or have they already dealt efficiently with environment and trade conflict? 11. Can the precautionary principle override the express provisions of SPS Agreement? 12. Or should the two major concerns - free trade and environmental preservation be tended to by different international institutions- one a trade institution and another an international environmental institution? 13. Can the conflict between MEAs and WTO rules be resolved? 14. Eco-Iabeling comes within the scope of WTO or not?

Source of Data

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To accomplish the aforementioned objective, I have relied on the secondary data collection, inclusive of books, articles, journals, websites, etc. Also reference has been made to the relevant WTO agreements wherever required.

Method

The method employed in the fulfilment of this assignment is purely descriptive and analytical in nature.

Hypothesis

WTO though primarily being a trade body cannot remain isolated from trade concerns since with the each passing day the link between the two is being established more firmly. WTO has woken up to these concerns but a lot remains to be done.

Chaptalization

The paper is divided into five parts.

Part I consists of Research Methodology and Chapter 1 (Introduction). This Part introduces the concept and topic and also becomes the basis of everything covered in the subsequent parts.

Part II consists of Chapter 2 titled "Trade & Environment: Is there a conflict?" Thus, it studies the central issue to our study on two levels - firstly the general conflict then, the germs of conflict in the trade system.

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Part III contains Chapter 3 titled "World Trade Organization System- Agreements & Institutions: ,, Setting and Scope". This chapter peeps into the WTO system and briefly enumerates the issues in terms of relevant provisions of the various agreements. However, the working of CTE and DS system is the primary focus of this chapter.

Part IV is divided into four chapters which take up an individual topic separately to examine in detail. Chapter 4 titled "GATT: The Fountainhead of a few issues" studies the relevant GATT provisions and the landmark disputes/ decisions. Chapter 5 is about the SPS Agreement and again the a deep study of the provisions is made to see how far the environmental goals can be facilitated. Chapter 6 is about the TBT Agreement and various issues like Eco- labelling are taken up here. Finally, Chapter 7 titled "Conflict between Multilateral Environmental Agreements and World Trade Organization" analyses the conflict in the lookout for a possible solution to erase or ease the conflict.

Part V is the concluding part where the last Chapter (Eight) lays out the conclusion of this study.