We must spare no effort to free all of humanity, and above all our children and
grandchildren, from the threat of living on a planet irredeemably spoilt by human
activities, and whose resources would no longer be sufficient for their needs
(United Nations Millennium Declaration, GA Res. 55/2).
Since the increasing pressure on ‘’ fair trade’’ emphasized by massive street
demonstrations at the 1999 Ministerial Conference in Seattle, the World Trade
Organization( WTO) has had to face new objectives raised by political, religious
and ideological interests, labor, animal and women’s right. The environmental
issue has moved beyond local and even national boundaries into the foreign
policy debate, since actions in one country have had adverse environmental
effects on another. As a consequence, public interests has intensified, in the
light of high profile trade and environmental concerns that extends into some
of these new sensitive areas such as the role of science in risk assessment, the
conservation of endangered species, the cross border movement of genetically
modified organisms( GMOs) and measures to protect public health.
Economists, lawyers and environmentalists have called for international
agreements, which abrogate national sovereignty and delegate foreign policy to
international agreements. Trade and environmental issues have come to the
forefront of foreign policy, challenging and reshaping traditional interactions
between trade and environment. Varieties of demands on the growing lists of
trade and environmental issues have driven international treaties and
agreements, which seem to have high costs with low benefits or ‘’ a chilling
effect’’ (Conca, 2000).
Due to new problems and demands, the density of international institutions
has risen in the new world order. With increasing numbers of international treaties and organizations, different international norms have become more
intrusive on each other. This proposal seeks to study’’ international law and its
relationship to trade, environment and sovereignty, with focus on Cartagena
Protocol on Biosafety’’ as a case study to ‘’evaluate a principle research
question: what are the contradictions between different approaches towards the
environment of the WTO and multilateral environmental agreement (MEAs)? The
aim of the case study is to find general contradictions between the WTO and
MEAs and to analyze the overlap issues between different sets of multilateral
agreements. [...]
Inhaltsverzeichnis (Table of Contents)
- BACKGROUND OF THE STUDY
- INTRODUCTION
- Multilateral Trading Agreements (MTAs) versus Multilateral Environmental Agreements (MEAs)
- Trade liberalization
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This dissertation examines the intricate relationship between international trade and environmental regulations, focusing on the potential contradictions and overlaps between the World Trade Organization (WTO) and multilateral environmental agreements (MEAs). The case study of the Cartagena Protocol on Biosafety serves to evaluate the principle research question: how do different approaches to the environment within the WTO and MEAs contradict each other?
- The growing density of international institutions and the resulting overlap between agreements.
- The complexities of negotiation within the WTO and its impact on the coherence between trade and environmental regimes.
- The influence of WTO jurisprudence on the development of new environmental agreements, particularly in terms of addressing legal inconsistencies.
- The need to integrate perspectives from international law and international relations to better understand cross-over issues between trade and environmental regimes.
- The role of both trade and environmental agreements in achieving a sustainable future, with emphasis on the impact on developing countries.
Zusammenfassung der Kapitel (Chapter Summaries)
The first section, "Background of the Study", introduces the context of the study by highlighting the increasing significance of environmental concerns within international discourse. The impact of unsustainable development, the role of both trade and environmental agreements in achieving sustainability, and the challenges in harmonizing these two regimes are discussed.
The "Introduction" section delves deeper into the research question by examining the increasing density of international institutions and the resulting overlap of regulations. It analyzes the challenges associated with achieving coherence between the WTO and MEAs, particularly due to their conflicting norms. The section also explores the evolution of international law and its impact on international relations.
The "Multilateral Trading Agreements (MTAs) versus Multilateral Environmental Agreements (MEAs)" section explores the contrasting roles of trade and environmental regimes in achieving their goals. It highlights the different sets of agreements, motivations, and obligations that govern each system.
The "Trade liberalization" section delves into the growing influence of the WTO as a global governing body, examining its impact on national economies and its evolving role in areas beyond traditional trade policy. It emphasizes the need for greater accountability, access, and balance of trade, particularly for developing countries.
Schlüsselwörter (Keywords)
This research focuses on the complex relationship between international trade and environmental protection. Key terms include multilateral environmental agreements (MEAs), the World Trade Organization (WTO), the Cartagena Protocol on Biosafety, biosafety, sustainable development, trade liberalization, international law, and the evolution of international institutions.
- Citar trabajo
- Professor Nicholas Sunday (Autor), 2012, International Law and its Relationship to Trade, Environment and Sovereingty, Múnich, GRIN Verlag, https://www.grin.com/document/209932
