A critical evaluation of the perceived conflict between globalized trade and the protection of the environment with specific reference to the dispute resolution mechanism of the World Trade Organisation

Jones, Mariette W. ORCID: https://orcid.org/0000-0002-1786-0985 (2005) A critical evaluation of the perceived conflict between globalized trade and the protection of the environment with specific reference to the dispute resolution mechanism of the World Trade Organisation. Masters thesis, University of South Africa. [Thesis]

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Abstract

The thesis seeks to address two central questions: Firstly, is there a conflict between liberalised international trade and the protection of the environment, and if so, to what extent? This issue will be explored through a scrutiny of relevant environmental cases adjudicated by the World Trade Organisation and its predecessor, the General Agreement on Tariffs and Trade (“GATT”). Secondly, if it is taken that some conflict does exist, and when juxtaposed against the objective of free international trade, how far is the WTO willing and, in fact, able to accommodate environmental concerns?
A tentative conclusion is offered that a movement can be discerned from an initially predominantly legalistic approach to trade-related international environmental disputes, which tended to favour unrestricted trade, towards a more creative use of ‘environmental protection’ as a justification for trade restrictions. In spite of this seemingly greater willingness by the dispute resolution bodies of the WTO to interpret relevant GATT provisions in a more pro-environment manner, it is submitted that theirs should not be the task of finding a solution to the trade-versus-environment debate. This is an issue that should be addressed at the political level.

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