Trade and environment in the EC and the WTO: A legal analysis

Book abstract:

This book deals with dilemmas over trade and environment. It discusses the interpretation of trade liberalisation and how this relates to environmental concerns, especially in terms of the European Community and the World Trade Organisation (WTO). Specifically, it is a work which sets out to describe and compare how members of these organisations manage their commitments to protect the environment. It also analyses how directives concerning the environment have been interpreted by such bodies as the European Court of Justice and the WTO. In doing this, it gives considerable attention to how these rules relate to the problems of Community and international harmonisation, while also looking at the effects of trade-restrictive measures placed on methods of production that could potentially damage the environment.

The introduction provides an overview of trade and environment dilemmas, the background of the EC, as well as of environmental protection and the question of trade liberalisation. Part two tackles the specific problem of trade and environment in the European Community. This entails an analysis of the main provisions and their interpretations as set out in a number of treaties and articles like Article 28 EC. There is also an analysis of recurring themes in this section, such as the notion of proportionality and reason, and the role of discrimination. Part three is concerned with trade and environment in the World Trade Organisation. It deals with a number of articles as well, and includes discussions on issues like internal regulation, taxation, and agreements on technical barriers on trade. Part four provides a comparative analysis of these problems, across a range of issues like prohibitions, justifications and conditions, extraterritoriality and rules for imports and exports.

Chapter nine of part four, for example, compares the similarities and differences between Europe and the WTO, and asks whether or not Europe is a suitable model for the WTO.

The book is aimed at both academics and policy-makers, as well as those who influence policy.