1st Edition
Environment and Trade A Guide to WTO Jurisprudence
By Nathalie Bernasconi-Osterwalder, Daniel Magraw, Maria Julia Oliva, Elisabeth Tuerk, Marcos Orellana
Copyright 2006
392 Pages
by
Routledge
392 Pages
by
Routledge
392 Pages
by
Routledge
Also available as eBook on:
International trade rules have significant impacts on environmental law and policy, at the domestic, regional and global levels. At the World Trade Organization (WTO), dispute settlement tribunals are increasingly called to decide on environment- and health-related questions. Can governments treat products differently based on environmental considerations? Can they block the import of highly... Read more
Introduction * Part I: Like Products * Background * Discussion of relevant WTO provisions * Selected literature * Selected jurisprudence relating to 'like products' under GATT Articles I and III * Part II: General Exceptions Clauses * Discussion of relevant WTO provisions * Selected literature * Part III: The Necessity Requirement * Discussion of Relevant WTO Provisions * Selected issues relating to the necessity requirement * Part IV: Processes and Production Methods * Eco-labelling * Discussion of relevant WTO provisions * Part V: Extraterritoriality * Discussion of relevant WTO provisions * Selected literature * Part VI: The Role of Science and the Precautionary Principle * Discussion of relevant WTO * Selected issues relating to the role of science and the Precautionary Principle * Part VII: The Relationship Between the TRIPS Agreement and the CBD * Discussion of relevant provisions * State of play at the WTO and CBD * Part VIII: Participation in WTO Dispute Settlement: The Case of Amicus Briefs * Discussion of relevant WTO provisions * Authority of panels and the Appellate Body to accept and consider legal and/or factual information * Application of discretionary power * Selected jurisprudence relating to amicus briefs *
Biography
Nathalie Bernasconi-Osterwalder, Managing Attorney, CIEL Geneva (lead author); Daniel Magraw, President, CIEL; Maria Julia Oliva, Staff Attorney, CIEL; Marcos Orellana, Senior Attorney, CIEL; and Elisabeth Tuerk, UNCTAD, former staff attorney with CIEL. Published with the Center for International Environmental Law (CIEL)
