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International trade and the environment: An examination of the relationship between international trade disputes and international environmental obligations

Posted on:2002-08-11Degree:LL.MType:Thesis
University:Dalhousie University (Canada)Candidate:Shibuya, TaroFull Text:PDF
GTID:2469390011999590Subject:Law
Abstract/Summary:
The international community has experienced significant tension over the way in which international trade policies are determined vis-à-vis the protection and preservation of the world environment. In academia, although policies regarding the relationship between international trade and the environment have been extensively debated, the structure of the issues and arguments still seems to be based on the premise that the two arenas are governed by separate principles and institutional mechanisms. This thesis addresses the debate, focusing on the specific instances of disputes between international societies regarding the legitimacy of trade related activities which are aimed at protection and preservation of the environment but which also affect the domestic policies of other nations.; To begin with, this thesis points out the structural difference between international trade (GATT/WTO) and environmental (MEAs) frameworks as well as their relationship to the concept of sustainable development. It thus looks at several recent disputes under the trade jurisdiction and examines the theory behind the specific rulings. Thereafter, it reviews the crux of the debate regarding trade and the environment, and then develops a viewpoint on how to deal with the issue under the GATT/WTO and Vienna Ozone Convention/Montreal Protocol frameworks. (Abstract shortened by UMI.)...
Keywords/Search Tags:International trade, Relationship, Disputes
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