8.

4 ENVIRONMENT, HUMAN RIGHTS AND TRADE LAW

B.A.LL.B IV Year

Course Insructor
Mr. Chiradeep Basak
Assistant Professor of Law

Semester Feb-Jun
Course Code 8.4
Course Credit 5
Maximum Marks 100
Teaching Hours 90
Medium of instruction English
Mode Regular

Overview:

Over the past few decades, with the steady intensification of trade liberalization, the impact
of trade on the environment have been the focus of heated debate. Trade has influenced the
environment through multiple direct and indirect channels. Furthermore, owing to deepening
global concerns regarding environmental issues and increasing political and economic
implications of environmental preservation, trade in environmental products has been rapidly
growing. This course aims for better understanding of the way in which environmental
outcomes are affected by various channels including trade, environmental regulation and its
relation with Human Rights. This course will explore some theoretical aspects between trade
Human Rights and the environment and also discuss current issues such as green trade and
green economy vis-à-vis Human Rights.

Course Objectives
On successful completion of the course, students will be able to:
- to inform the students about the frontier areas of international environmental law and
its relation with trade and human rights
- to explore the theoretical underpinnings and core princples of international trade law,
human rights law and environmental law
- to articluate their skills in the matters of environmental issues and human rights
values in international trade and the solutions available international trade law regime.

Teaching Methodology

This course will be solely article based. Students will be given articles beforehand and the
same shall be critically discussed during class hours

Case Law Reports and Journals:

Environmental law as an independent discipline of study is a fast emerging area of law. Well-
tried and traditional legal ideas sometimes prove unequal to handling of unprecedented
problems of environmental law. Environmental problems put the judiciary upon their
methods, not only by virtue of their novelty but also by virtue of their urgency and their wide
spread effect. When all other resources fail, the victims turn to the judiciary for redress but
the reservoir of legal principles we have inherited from the past one often found inadequate
because the problems encountered are of an altogether of a new order. The judiciary is in
vanguard of judicial efforts to come to terms with these problems. Therefore our students are
equipped with information on judicial initiative taken in one country which can act as a
catalyst to get legal solution in the. The court of law at both national and international levels
have served to illuminate the emerging norms and principles of law associate with the new
concepts of sustainable development and have given directions to national and international
efforts to promote sustainable development. It is widely recognized that courts in India and
South Asia have provided inspiring leadership in this process. The students are encouraged to
access cases on environmental law from other legal jurisdictions. The articles for the study
materials and suggested readings are mostly from Heinonline, Jstor, Cambridge Online and
Edgar Online. For case laws, the Westlaw and Manupatra have been referred.

Important Periodicals/Journals on Environmental Law (source- NYU Law)

- Environmental Law Review
- The Western Political Quarterly
- Ethics and the Environment
- Economic and Political Weekly
- Biannual Bulletin of Environmental Law (UNEP) (1994- )
- Boston College Environmental Affairs Law Review (1971- )
- Buffalo Environmental Law Journal (1994-2002)
- Colorado Journal of International Environmental Law and Policy (1990- )
- Columbia Journal of Environmental Law (1975- )
- Duke Environmental Law & Policy Forum (1991- )
- Ecology Law Quarterly (Berkeley) (1971- )
- Environmental Law (Lewis & Clark) (1969- )
- Environmental Law Journal (NYU) (1992- )
- Environmental Policy and Law (1975- )
- European Environmental Law Review (1992- )
- Fordham Environmental Law Review (1989- )
- Georgetown International Environmental Law Review (1988- )
- Global Environmental Law Annual (1993- )
- Harvard Environmental Law Review: HELR (1976- )
- International Environmental Reporter, Current Report (1978- )
- Journal of Environmental Law (1989- )
- Journal of Environmental Law & Litigation (Univ. of Oregon) (1985- )
- Journal of International Wildlife Law and Policy (1998- )
- Journal of Land Use and Environmental Law (Florida State) (1994- )
- Journal of Law and the Environment (1985-1987)
- Pace Environmental Law Review (1982- )
- Southeastern Environmental Law Journal (1991- )
- Stanford Environmental Law Society & Journal (1978- )
- Temple Journal of Science, Technology, and Environmental Law (2005- )
- Tulane Environmental Law Journal (1988- )
- University of Baltimore Journal of Environmental Law (1990- )
- University of Denver Water Law Review (1997- )
- Vermont Journal of Environmental Law (1996- )
- Virginia Environmental Law Journal (1979- )
- West-Northwest Journal of Environmental Law & Policy (Hastings) (1994- )
- William & Mary Environmental Law and Policy Review (1975- )
- Wisconsin Environmental Law Journal (1994-2002)
- Yale Center for Environmental Law & Policy Working Paper Series (2004- )
- Yearbook of International Environmental Law (2001- )
- Yearbook of International Cooperation on Environment and Development

Course outcome
The students after the completion of the course are expected to have the quality education so
as to give a comprehensive explanation of the International Trade Law, International
Environmental Law and Human Rights Law and the main points of intersection in between
them with a thorough analysis of the Environment Law. They will develop the skills to
examine the issues of specific trade, environment and human rights interface within
multilateral trading system and the relative role of W.T.O. in accommodating human rights
and environmental interests into the trade liberation process.

Trade, Environment and Human Rights Law is an emerging branch of law. Not a single text
books is available on the subject but they are advised to read the following as a books:
Environment, Human Rights and International Trade: Edited by Francesco Francioni, Trade
and Environment: A Resource Book: International Institute For Sustainable Development,
Research Handbook on Environment, Health and WTO Edited by Geert Van Calster and
Denise Prevost, Phillipe Sands, “Principles of International Environmental Law”, Bell &
Bell, “Environmental Law”, D.E Fisher & Andrew Walker, “Environmental Law,
International Law” by Vaugham Lowe, “International Law and the Environment” by Birnie
P. Boyle A.and Redgwell C., Shyam Diwan & Armin Rosencranz “Environmental Law and
Policy in IndiaCases, Material and Statutes”, Gurueep Singh, “Environmental Law-
International and National perspectives”, Justice Krishna Iyer V.R. “Environmental Pollution
and the Law”, Leela Krishnan P. “Environmental Law in India”, Leela Krishnan P.- “Law
and Environmental,” Shastri S.C. “Environmental Law in India”. There is a long list of
suggested references being attached separately at the end of course outlines. Students are
advised to use references from the said list for their in-depth knowledge, project research
and/or an independent research for publication.

List of Cases

- Trail Smelters case

- Gobikovo-Nagymaros Case
- Panel Report, United States Prohibition of Imports of Tuna and Tuna Products from
- Canada, 1982, (L/5198-29S/91) adopted on 22 February, 1982.
- Panel Report, Canada-Measures Affecting Exports of Unprocessed Herring and
Salmon,
- 1988, (L/6268-35S/98) adopted on 22 March, 1988.
- Panel Report, Thailand-Restrictions on Importation of and Internal Taxes on
Cigarettes, 1990, DS10/R-37S/200, adopted on 7 November, 1990.
- Panel Report Restrictions on Import of Tuna, 1991 (DS21/R) not adopted Circulated
on 3 September, 1991.
- Panel Report, United States Restrictions on Imports of Tuna, 1994, circulated on 16
June, 1994.
- Tuna Dolphin II Panel Report, n.34, Para 5.16.
- Panel Report, United States Taxes on Automobiles, 1994, Circulated on 11 October,
1994.
- Panel Report, United States – Standards for Reformulated Gasoline, 1996
(WT/DS2/R) (hereinafter Gasoline Panel). AB Report (WT/DS2/AB/R) adopted on
20 May, 1996.
 - Panel Report, United States- Import Prohibition of Certain Shrimp and Shrimp
Products (WT/DS58/R). AB Report (WT/DS58/AB/R) adopted on 6 November, 1998.
- Reports of the Panel, European Communities-Measures Containing Asbestos and
Asbestos-Containing Products, WT/DS135/R, 18 September, 2000(hereinafter
Asbestos
- Panel).
- United States – Standard for Reformulated and Conventional Gasoline Case.
- Beef-Hormone Case.
- Measures Affecting Asbestos and Asbestos Containing Product.
- United States – Import Prohibition of Certain Shrimp and Shrimp Products Case.
- Thailand – Restrictions on Importation of Cigarettes Case.
Module I.:

Understanding Trade and the Environment

Introduction, Principles of International Trade Law, History of GATT and WTO; Multilateral
Rounds, Urugauy Round of Negotiations, Post-Urugauy Rounds of Negotiations. WTO
Provisions; Trade Faciliation, Trade and Non-Trade Barriers, Dispute Settlement Mechanism.
United Nations Declaration of Human Rights, International Covenant on Civil and Political
Rights, International Covenants for Economic, Social and Cultural Rights, ILO, Forced and
Child Labour.

Readings
-
“Trade and the Environment,” Global Development and Environment Institute, Tufts
University.
-
Daniel C. Esty and Mari H. Invanova (2003), Globalization and Environmental
Protection: A Global Governance Perspective, Yale Center for Environmental Law
and Policy, New Haven, CT.
-
Daniel C. Esty (2001), “Bridging Trade-Environment Divide,” American Economic
Association.
-
Steven Globerman (1993) “The Environmental Impact of Trade Liberalization”
-
NAFTA and the Environment. Pacific Research Institute for Public Policy.
-
Francesco Francioni, Environment, Human Rights and International Trade, 1st
Edition, 2001, Chap.-1, Environment, Human Rights and the Limits of Free Trade,
pp.: 1-26.
 -
Adil Najam, Mark Halle, Ricardo Melendez-Ortiz, Trade And Environment A
Resource Book, 1st Edition, 2007, Chap.-1, Setting the Context, pp: 3-28. Chap.-5,
Dispute Resolution, pp: 67-76.
-
Edith Brown Weiss, John H. Jackson, Nathalie Bernasconi-Osterwalder, Reconciling
Environment And Trade, 2nd Edition, Chap.-1, The Framework for Environment and
Trade Disputes, pp.1-38.
-
Amritrajeet A. Batabyal, Hamid Beladi, The Economics of International Trade and
Environment, 1st Edition, 2001, Chap.-1, Introduction and Overview of the
Economics of International Trade and the Environment, pp.1-8.

Module II
Environment and Trade Interface:
Greening WTO, Environment Related Provisions in WTO Agreements: Agreements on
Technical Barriers to Trade, Agreement on Sanitary and Phytosanitary Measures,
Agreements on Agriculture, Agreements on subsidies and Counter veiling Measures,
Agreements on Trade Related Intellectual Property Rights, Agreements on Trade in Service
and Ministerial Decision on Trade and Environment. Creation of Institutional Agreements,
Strengthening Communication Process, Transparency of National Environmental Agreement,
Unilateral Measures and International Trade Law,
National Limitation under SPS and TBT Agreement, Process and Product Methods and
Trade, Pecautionary Principles and Trade, Eco-Labelling and Trade, Trade and Economic
Growth (EKC Hypothesis)

Readings
-
OECD (2013), “Does Globalization Promote Development?
-
Jeffrey Frankel (2008) Environmental Effects of International Trade,
EXPERTREPORT NO. 31 TO SWEDEN’S GLOBALISATION COUNCIL
-
Eric Neumayer, 1998. “Is Economic Growth the Environment’s Best Friend?”
- Zeitschrift für Umweltpolitik und Umweltrecht 21 (2): 161-176.*
- Susmita Dasgupta, Benoit Laplante, Hua Wang and David Wheeler. (2002)
- “Confronting the Environmental Kuznets Curve” Journal of Economic Perspectives.
Vol. 16. Pp.147-168*
- Soumyananda Dinda (2004), Environmental Kuznets Curve Hypothesis: A
Survey. Ecological Economics 49 (2004) 431 – 455;
- ERIC NEUMAYER (2001) “Pollution Havens: An Analysis of Policy Options for

Dealing With an Elusive Phenomenon”, Journal of Environment & Development, Vol.

10, No. 2, June 2001 147-177

- Ryan Kellogg (2006) “The Pollution Haven Hypothesis: Significance and
Insignificance” Department of Agricultural and Resource Economics, UC Berkeley
and UC Energy Institute
-
Levinson, A (1996), Environmental regulations and manufacturers’ location
choice: evidence from the Census of Manufacturers’ Journal of Public Economy
62:5-29.
-
Rachel Massey, (2009) “The Credibility of Exit Threat: Refining the “Race to the
Bottom” Debates
-
William W. Olney, (2010) “A Race to the Bottom? Employment Protection
and Foreign Direct Investment” Department of Economics, Williams
College,Williamstown.
-
Vogel, David. 1995. Trading Up: Consumer and Environmental Regulation in
aGlobal Economy. Cambridge, MA: Harvard University Press.
-
Vogel, David, 1997. Trading up and governing across: transnational governance
andenvironmental protection, Journal of European Public Policy 4(4): 556-71.
-
Vogel, David, 1999. Environmental Regulation and Economic Integration. Prepared
for a Workshop on Regulatory Competition and Economic Integration: Comparative
Perspectives Yale Center for Environmental Law and Policy October.
- Vogel, David and Robert Kagan, 2004. The Dynamics of Regulatory Change:
HowGlobalization Affects National Regulatory Policies. Berkeley: University of
California Press.
-
Hamwey, R. (2005a). Environmental Goods: Identifying Items of Export Interest
toDeveloping Countries. Briefing note. Geneva: UNEP-UNCTAD Capacity Building
Task Force on Trade, Environment and Development (CBTF).
-
Hamwey, R. (2005b). Environmental goods: Where do the dynamic
tradeopportunities for developing countries lie. Geneva: International Centre for
Trade and Sustainable Development.
Module III
Sustainable Development and the Environment

Sustainability means the ability to maintain a certain state. In ecological context,

sustainability is the ability of an ecosystem to maintain ecological process, their functions,
biodiversity and productivity for a long time1. Since environment and development are
antithetical aspects, development must be within environmental sustainability. That means we
have to bring development without over exploitation of natural resources. Environmental
sustainability, economic sustainability and socio-political sustainability are the ‘three pillars’
of sustainability. SDGs and the way forward.

Readings
-
Belcher, K., Hobbs, A. L. & Kerr, W. A. (2003). The WTO and
environmental sustainability: is there a conflict? International Journal of
Environment and Sustainable Development, 2, 2-18.
-
Griggs, D., Stafford-Smith, M., Gaffeny, O., Rockstrom, J., Ö hman, M. C.,
Shyamsundar, P., Steffen, W., Glaser, G., Kanie, N. & Noble, I. 2013. Policy:
Sustainable development goals for people and planet. Nature, 495, 305-307.
-
Line Hammeren (2014), “Sustainable Development and Liberalization of Trade
in Environmental Goods” An analysis of the APEC and WTO initiatives.
-
ICTSD (2008) “Liberalization of Trade in Environmental Goods for Climate
ChangeMitigation: The Sustainable Development Context” International Centre for
Trade and Sustainable Development (ICTSD), Switzerland
-
UNEP (2011). Towards a Green Economy: Pathways to Sustainable
Developmentand Poverty Eradication. Nairobi: United Nations Environment
Programme.
-
UNEP (2013). Green Economy and Trade. Trends, Challenges and
Opportunities. Geneva: United Nations Environment Programme.

-
Brand, U. (2012). Green Economy - The Next Oxymoron? No lessons learned
from failures of implementing sustainable development. GAIA, 21, 28-32.

1
Pratibha Singh, Anoop Singh, PiyushMalaviya ,Text Book of Environment and Ecology, ACME Learning
Pvt.Ltd. ,1st Edition, 2009, p.50
 -
OECD (Organisation for Economic Co-operation and Development). 2011.
Towards green growth. Paris: OECD.

Module IV

Interface of International Trade and Human Rights

Globalisation and Human Rights Linkage between WTO and Human Rights, Doha
Ministerial Declaration, TRIPS and Human Rights, Right to Health and Safety, Right to
Standard of Living, Right to Good Environment, Right to Food and Nutrition, Right to
Privacy, Right to Public Order and Safety, Right to Freedom from Forced Labour, Right to
Protection of National Treasures of Artistic and Archaeological Value, Right to Sustainable
Development and Natural Resources, Right to Peace, Right to Employment, Right to
Protection from Child Labour. Reconciling Free Trade with Human Right, Principles of
Necessity, Principles of Proportionalities, International Emergencies.

Readings
- Francesco Francioni, Environment, Human Rights and International Trade, 1st
Edition, 2001, Chap.-9, Human Rights Sanctions and the World Trade Organisation,
pp: 199-262. Chap.-11, International Trade and Child Labour Standards, pp.: 287-312.
- Edith Brown Weiss, John H. Jackson, Nathalie Bernasconi-Osterwalder, Reconciling
Environment and Trade, 2nd Edition, chap.-2, The Thai Cigarettes Case: A Current
Critique, pp.47-76, Part-3, Food Safety: The Beef Hormones Case, pp.301-406.