TRADE AND ENVIRONMENT

IN CONTEXT
OF WTO FRAMEWORK 
 General Principles of WTO

Trade Without Discrimination- National Treatment and

Most Favoured Nation
Freer Trade- Lowering Tariff and Non-Tariff Barriers,
Removing Quotas
Predictability- Through Binding and Transparency.
Promoting Fair Competition- Minimizing Effects of
Dumping and Subsidies.
 General Exceptions (Article XX GATT)
not applied in a manner which
Subject to the requirement that such measures are
would constitute a means of arbitrary or unjustifiable
discrimination between countries where the same conditions
prevail, or a disguised restriction on international trade, nothing in
this Agreement shall be construed to prevent the adoption or enforcement by any contracting
party of measures:

…(b)  necessary to protect human, animal or plant life or

health; ….
Balancing Test
 Past Disputes and Their Nature
◦ The earlier cases of the 1990s presented a simple North–South
divide.
◦ United States—Restrictions on Imports of Tuna, DS21/R.
◦ United States—Import Prohibition of Certain Shrimp and Shrimp
Products.
◦ EC — Asbestos, DS135
 The Times They Are a-Changin'

Sector-Targeted Subsidies

Conditional Local-Content Subsidies and Policies

Export Restrictions
 Recent Disputes
◦ China—Measures Related to the Exportation of Various
Raw Materials
◦ China—Measures Concerning Wind Power Equipment
◦ India—Certain Measures Relating to Solar Cells and Solar
Modules
◦ Canada—Certain Measures Affecting the Renewable
Energy Generation Sector
 The Times They Are a-Changin'
The Rise of Multiple Fora: The WTO and Domestic
Administrative Courts
“Good” Versus “Bad” Actors: It’s Become Much More
Complicated
The Changing Political Economy: A Shattering of Key
Alliances
The Loss of Balance
 Suggestions
Interpreting the GATT Article XX exceptions as applicable to non-
GATT agreements, on account of the latter being lex specialis.
Tariff lines and schedules for environmental goods.
Peace Clause
Limit The Number Of Trade Remedies That May Be Applied To
Environmental Goods Simultaneously.
To Cap Duration of Trade Remedies.
Amount Collected Through Tariff Should Be Given As Rebate To
Buyers.