Environment and Trade: A Guide to Wto Jurisprudence

ISBN-13: 9781844072989 / Angielski / Twarda / 2005 / 392 str.

Nathalie Bernasconi-Osterwald; Daniel Magraw; Maria Julia Oliva

Opis

From intellectual property rights and bio-prospecting to the conservation of biodiversity to transboundary pollution to the eco-labelling of food, the trade and the environment are inexorably linked. Increasingly, the jurisprudence of the General Agreement on Tariffs and Trade (GATT) and its successor the World Trade Organization (WTO) is exerting a powerful influence on both international and domestic environmental law and by extension the environment itself. This handbook, authored by five world leaders on international environmental and trade law at the Center for International Environmental Law (CIEL), is an accessible, comprehensive, one-of-a-kind compendium of environment and trade jurisprudence. Providing an overview for both experts and non-experts of the major themes relevant to environment and trade, it also analyses how these themes have been treated under GATT and the WTO.

Spis treści

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 *