Trade measures for environmental protection in the World Trade Organization (WTO): Implications for developing countries

Trade measures for environmental protection in the World Trade Organization (WTO): Implications for developing countries

This study examines the extent to which rules of World Trade Organization (WTO) can serve the objectives of environmental protection through the enforcement of unilateral trade measures particularly with reference to developing countries. The potential conflicts between the substantive principles of...

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Main Author: Uzma, Haroon
Format: Thesis
Language:eng
eng
Published: 2014
Subjects:
GE Environmental Sciences
HF1-6182 Commerce
Online Access:https://etd.uum.edu.my/4403/1/s810043.pdf
https://etd.uum.edu.my/4403/2/s810043_abstract.pdf
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id my-uum-etd.4403
record_format uketd_dc
institution Universiti Utara Malaysia
collection UUM ETD
language eng
eng
advisor Md. Ismail, Che Thalbi
topic GE Environmental Sciences
HF1-6182 Commerce
spellingShingle GE Environmental Sciences
HF1-6182 Commerce
Uzma, Haroon
Trade measures for environmental protection in the World Trade Organization (WTO): Implications for developing countries
description This study examines the extent to which rules of World Trade Organization (WTO) can serve the objectives of environmental protection through the enforcement of unilateral trade measures particularly with reference to developing countries. The potential conflicts between the substantive principles of WTO and trade-related environmental measures have resulted in serious disagreement between developed and developing countries since last three decades. Although the relationship between WTO rules and environmental measures has not been clearly established, however, the applicability of Article XX (b) and (g) of GATT provides a connection between trade and environmental objectives. This study adopts interpretative and analytical techniques for data analysis. The purpose of this study was to undertake detailed analyses of WTO’s judicial and legislative approaches with regard to permissibility and legality of environmentally motivated unilateral trade measures. Judicial approach of WTO explores the development of environmental jurisprudence established by the Panels and Appellate Body decisions. The Multilateral Environmental Agreements (MEAs) have been recommended by the WTO as a better solution to transboundary environmental problems. This study also focuses on the legislative approach of WTO, comprising of work programme of Committee on Trade and Environment (CTE) regarding WTO- MEA relationship. This study proposes a voluntary consultation procedure for clarification of MEA-related trade measures based upon the principles originally presented by New Zealand during Doha negotiations. The study concludes by emphasizing upon the need for more integrated and innovative positive measures for developing countries to offset the negative implications of unilateral trade measures
format Thesis
qualification_name masters
qualification_level Master's degree
author Uzma, Haroon
author_facet Uzma, Haroon
author_sort Uzma, Haroon
title Trade measures for environmental protection in the World Trade Organization (WTO): Implications for developing countries
title_short Trade measures for environmental protection in the World Trade Organization (WTO): Implications for developing countries
title_full Trade measures for environmental protection in the World Trade Organization (WTO): Implications for developing countries
title_fullStr Trade measures for environmental protection in the World Trade Organization (WTO): Implications for developing countries
title_full_unstemmed Trade measures for environmental protection in the World Trade Organization (WTO): Implications for developing countries
title_sort trade measures for environmental protection in the world trade organization (wto): implications for developing countries
granting_institution Universiti Utara Malaysia
granting_department College of Law, Government and International Studies (COLGIS)
publishDate 2014
url https://etd.uum.edu.my/4403/1/s810043.pdf
https://etd.uum.edu.my/4403/2/s810043_abstract.pdf
_version_ 1776103642077593600
spelling my-uum-etd.44032023-01-17T07:43:04Z Trade measures for environmental protection in the World Trade Organization (WTO): Implications for developing countries 2014 Uzma, Haroon Md. Ismail, Che Thalbi College of Law, Government and International Studies (COLGIS) College of Law, Goverment and International Studies (COLGIS) GE Environmental Sciences HF1-6182 Commerce This study examines the extent to which rules of World Trade Organization (WTO) can serve the objectives of environmental protection through the enforcement of unilateral trade measures particularly with reference to developing countries. The potential conflicts between the substantive principles of WTO and trade-related environmental measures have resulted in serious disagreement between developed and developing countries since last three decades. Although the relationship between WTO rules and environmental measures has not been clearly established, however, the applicability of Article XX (b) and (g) of GATT provides a connection between trade and environmental objectives. This study adopts interpretative and analytical techniques for data analysis. The purpose of this study was to undertake detailed analyses of WTO’s judicial and legislative approaches with regard to permissibility and legality of environmentally motivated unilateral trade measures. Judicial approach of WTO explores the development of environmental jurisprudence established by the Panels and Appellate Body decisions. The Multilateral Environmental Agreements (MEAs) have been recommended by the WTO as a better solution to transboundary environmental problems. This study also focuses on the legislative approach of WTO, comprising of work programme of Committee on Trade and Environment (CTE) regarding WTO- MEA relationship. This study proposes a voluntary consultation procedure for clarification of MEA-related trade measures based upon the principles originally presented by New Zealand during Doha negotiations. The study concludes by emphasizing upon the need for more integrated and innovative positive measures for developing countries to offset the negative implications of unilateral trade measures 2014 Thesis https://etd.uum.edu.my/4403/ https://etd.uum.edu.my/4403/1/s810043.pdf text eng public https://etd.uum.edu.my/4403/2/s810043_abstract.pdf text eng public masters masters Universiti Utara Malaysia Anderson, Kym. "Environmental Standards and International Trade." Paper presented at the Eighth Annual Conference on Development Economics, World Bank, Washington, D.C., April, 1996. Bernasconi-Osterwalder, Nathalie, Daniel Magraw, Maria Julia Oliva, Marcos Orellana, and Elisabeth Tuerk. Environment and Trade. A Guide to WTO Jurisprudence. London and Sterling: VA, Earthscan, 2006. Birnie, P.W., and A.E. 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