International Trade In Environmental Protection Equipment An Assessment Of Existing Data

This book examines the extent to which there are trade impediments to the transfer and adoption of environmental goods and services and how can these be addressed by global trade negotiations.

Analyzing globalization and the increasing tension it has caused between the goals of free trade and environmental protection, International Trade and the Protection of the Environment provides a comprehensive and detailed legal analysis, both at the national and international level of what looks set to become the new legal order of the twenty-first century. This book asks the questions does the treatment of ‘measures tantamount to expropriation’ have the capacity to lead to a ‘regulatory chill’ on environmental protection and what are the possibilities for claims before the UK courts that are based on alleged violations of international law? To answer them the author offers: an informed and critical commentary on the continuing controversy on GMO products, in particular on the recent WTO award in the EC-Biotech dispute a comparison of the treatment of the expropriation under NAFTA and bilateral investment treaties with position under article one of the first protocol of the European convention on human rights an analysis of the human rights dimension to claims for environmental damage against multi-national corporations, focusing particularly on claims in the US under the Alien Trot Claims Act 1789 Incisive and current, this text is a valuable tool for postgraduate law students studying international and commercial law.

Ensayo sobre la relación entre la política medioambiental y el comercio internacional, así como los efectos que puede tener en la exportación nacional, pudiendo crear desventajas competitivas para unos, y dificultades en la balanza de pagos para otros.

Should there be firmer restrictions on trade, with more policies aimed at protecting its environmental impacts, or would the environment benefit most from unrestricted free trade? Do importing countries have a responsibility only to their local ecosystems, or are they also responsible for environmental degradation caused by the production of traded goods in exporting countries? Trading the Environment examines both the dependence and the effects of international trade on the earth's life support systems and looks at ways in which trading regulations could be adapted to promote ecologically sustainable economic development. It addresses the issues from a fully integrated approach, focusing on the interrelations between ecosystems, economic development and trade. The authors provide a carefully constructed ecological and economic analysis of trade and the environment, examine the existing legal and institutional frameworks and set out 16 recommendations to achieve environment beneficial trade at both national and international levels. Trading with the environment was originally commissioned by the Swedish government and is already regarded thereon essential reference. It makes an excellent introduction as well as constructive analysis, both for students and for policy-makers and professional economics and other scientists working on the issues. Published in 1995

Despite an increasing global awareness of environmental concerns, setting internationally binding and ambitious commitments has proven exceedingly complex. As states are seeking alternative methods to support global environmental protection, this book takes a closer look at the possibility of using national trade measures that make market access conditional on the environmental impact of the production process abroad. Inspired by accepted practice in other fields of law, Barbara Cooreman illustrates that the extraterritorial character of these environmental trade measures is not necessarily inconsistent with WTO law by proposing an extraterritoriality decision tree for trade measures targeting foreign production processes. Identifying key challenges through varied case studies, the author demonstrates that states can indeed use their market to further environmental progress, when the state's environment is affected and where a minimum level of international legal support exists for the environmental concern at issue. The book shows that current WTO laws leave more room for action than often thought and concludes that WTO law is no excuse for environmental inaction. Practical and comparative, this book will appeal to scholars of both environmental and trade law. It also offers a valuable tool to aid judges and lawmakers alike in determining the lawfulness of a measure.

How the environmental provisions in US preferential trade agreements affect both the environmental policies of trading partners and the effectiveness of multilateral environmental agreements. As trade negotiations within the World Trade Organization seem permanently stalled, countries turn increasingly to preferential trade agreements (PTAs) between smaller groups of nations. Many of these PTAs incorporate environmental provisions, some of which require trading partners to enact new domestic environmental laws, and use the enforcement mechanisms available within trade agreements as tools for environmental protection. In Greening through Trade, Sikina Jinnah and Jean-Frédéric Morin provide the first detailed examination of how the environmental provisions in US preferential trade agreements affect both the environmental policies of trading partners and the effectiveness of multilateral environmental agreements. They do so through a combination of in-depth qualitative case studies and quantitative analysis of an original dataset of 688 global PTAs. Jinnah and Morin explore the effects of linkages between PTAs and environmental treaties and the diffusion of environmental norms and policy through PTAs. Centrally, they argue that US trade agreements can serve as mechanisms both to export environmental policies to trading partner nations and third-party countries and to enhance the effectiveness of multilateral environmental agreements by strengthening their enforcement capacity. They caution that PTAs are not a panacea for environmental governance; deeper problems of unsustainable consumption and differential power dynamics between trading partners must be carefully navigated in deploying trade agreements for environmental protection.

Over the last decade, market-based incentives have become the regulatory tool of choice when trying to solve difficult environmental problems. Evidence of their dominance can be seen in recent proposals for addressing global warming (through an emissions trading scheme in the Kyoto Protocol) and for amending the Clean Air Act (to add a new emissions trading systems for smog precursors and mercury--the Bush administration's "Clear Skies" program). They are widely viewed as more efficient than traditional command and control regulation. This collection of essays takes a critical look at this question, and evaluates whether the promises of market-based regulation have been fulfilled. Contributors put forth the ideas that few regulatory instruments are actually purely market-based, or purely prescriptive, and that both approaches can be systematically undermined by insufficiently careful design and by failures of monitoring and enforcement. All in all, the essays recommend future research that no longer pits one kind of approach against the other, but instead examines their interaction and compatibility. This book should appeal to academics in environmental economics and law, along with policymakers in government agencies and advocates in non-governmental organizations.