Aspects of Environmental Norms under the World Trade Organization

ABSTRACT 

This study was to establish aspects of environmental norms under the world trade organization and to determine existing conflicts between trade rules with Multilateral Environmental Agreements (MEAs). The study uses qualitative comparative case-study methodology to analyze ten environmental-based, GAIT article XX exceptions cases. Each of these cases had been brought before the dispute resolution mechanisms of GATT and WTO respectively. The study is driven by a desi;~e to gain some insight into what happens when trade liberalization rules confront the interests of environmental norms and protection and also, examine existing relationship between trade and environment under the GATT and WTO. The restrictive measures or trade embargoes imposed on a trading partner or a member state in the name of environmental protection measures is offered under article XX(b) and (g) general exceptions of GAIT which form the essence of each environmental dispute. Based on the data analysis of ten environmental disputes brought the GAIT and WTO dispute resolution mechanisms, it showed that there is existing conflicts between MEAs and multilateral trade rules such as principle of non discrimination (GAIT Article I and III), and general elimination of quantitative restrictions (GAIT XI) respectively. It showed that GAIT Article XX is narrowly defined to provide environmental protection under the WTO. Recommendations could be to broaden the environmental exceptions under GAIT Article XX amongst others.

TABLE OF CONTENTS

Preliminaries

Declaration A

Declaration B ii

Approval Sheet iii

Chapter Page

One THE PROBLEM AND ITS SCOPE

Introduction/Background Information i

Statement of the Problem 9

Purpose of the Study io

Research Objectives io

Research Questions ii

Hypothesis 11

Scope 12

Significance of the Study 13

Operational Definitions of Key Terms 14

Two LITERATURE REVIEW

Introduction 15

Concepts, Ideas, Opinions from Authors/Experts 15

Theoretical Perspectives 92

Related Studies 95

Three METHODOLOGY

Research Design gg

Research Population gg

Sample Size 99

Sampling Procedure 99

Research Instruments 99

Validity and Reliability of the Instrument 100

Data Gathering Procedures 100

Data Analysis 100

Ethical Considerations ioo

Four PRESENTATION, INTERPRETATION AND ANALYSIS OF ENVIRONMENTAL DISPUTES UNDER THE GATT/WTO GATE CASES

United States - Canadian Tuna 103

Canada - Salmon and Herring ios

Thailand — Cigarettes 106

United States - Tuna (Mexico) 107

United States - Tuna (EEC) 108

United States — Automobiles 108

WTO CASES

United States - Gasoline 109

United States - Shrimp: Initial Phase 110

United States - Shrimp: Implementation Phase 111

European Communities - Asbestos 113

Five FINDINGS, RECOMMENDATIONS AND CONCLUSION 115

References

Appendices

Appendix I - Transmittal Letter

Appendix II - Clearance from Ethics Committee

Appendix III - Informed Consent

ResearcherTs Curriculum Vitae