°ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ

Sustainable development and environmental protection are goals of the °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ...

Allowing for the optimal use of the world’s resources in accordance with the objective of sustainable development and seeking to protect and preserve the environment are fundamental to the °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ. These goals, enshrined in the Preamble of the Marrakesh Agreement, go hand in hand with the °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ’s objective to reduce trade barriers and eliminate discriminatory treatment in international trade relations. For °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ members, the aims of upholding and safeguarding an open and non-discriminatory multilateral trading system, on the one hand, and acting for the protection of the environment and the promotion of sustainable development, on the other, can and must be mutually supportive.

Trade liberalization and stable and predictable trade conditions support the environment...

An important element of the °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ’s contribution to sustainable development and protection of the environment comes in the form of furthering trade opening in goods and services to promote economic development, and by providing stable and predictable conditions that enhance the possibility of innovation. This promotes the efficient allocation of resources, economic growth and increased income levels that in turn provide additional possibilities for protecting the environment. The importance of trade’s contribution to efforts on sustainable development and the environment has been recognized in such forums as the 1992 Rio Summit, 2002 Johannesburg Summit, the 2005 UN World Summit, and the UN 2030 Agenda for Sustainable Development.

Under °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ rules, members can adopt trade-related measures aimed at protecting the environment...

The commitment of °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ members to sustainable development and the environment can also be seen in °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ rules. In general terms the rules, with their fundamental principles of non-discrimination, transparency and predictability, help set the framework for members to design and implement measures to address environmental concerns. Moreover, °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ rules, including specialized agreements such as the Agreement on Technical Barriers to Trade (which deals with product regulations), and the Agreement on Sanitary and Phytosanitary Measures (which concerns food safety and animal and plant health), provide scope for environmental objectives to be followed and for necessary trade-related measures to be adopted. °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ rules set up the appropriate balance between the right of members to take regulatory measures, including trade restrictions, to achieve legitimate policy objectives (e.g., protection of human, animal or plant life or health, and natural resources) and the rights of other members under basic trade disciplines. For example, GATT Article XX on General Exceptions lays out a number of specific instances in which members may be exempted from GATT rules. The provision seeks, among other things, to ensure that environmental measures are not applied arbitrarily and are not used as disguised protectionism.

A number of °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ cases have covered environmental measures...

Since the entry into force of the °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ in 1995, the °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ Dispute Settlement Body has had to deal with a number of disputes concerning environment-related trade measures. Such measures have sought to achieve a variety of policy objectives — from conservation of sea turtles from incidental capture in commercial fishing to the protection of human health from risks posed by air pollution. °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ jurisprudence has affirmed that °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ rules do not take precedence over environmental concerns.

The °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ's dispute settlement allowed a member in 2001 to maintain its ban on the importation of asbestos so it could protect its citizens and construction workers. In the US — Shrimp dispute, the °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ pushed members towards a strengthening of their environmental collaboration; it required that a cooperative environmental solution be sought for the protection of sea turtles between the parties to the conflict.

°ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ institutions advance dialogue and understanding of trade and environment linkages...

The °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ also supports sustainable development and the environment through its specialized committees and bodies. One unique institutional venue is the Committee on Trade and Environment (CTE). As a forum for dialogue on trade and the environment, the Committee is an incubator for ideas on how to move the discussion forward. Already, this is bearing fruit. Some issues first raised in the CTE have become fully-fledged negotiations — for instance, on fisheries subsidies and on the relationship between the °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ and multilateral environmental agreements (MEAs). Other °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ bodies are also important. For example, the committee administering the Technical Barriers to Trade Agreement (which deals with regulations, standards, testing and certification procedures) is where governments share information on actions they are taking and discuss how some environmental regulations may affect trade.

The Doha Development Agenda and the environment...

The Doha Round of negotiations focused on achieving more efficient allocation of resources on a global scale through the continued reduction of obstacles to trade and on pursuing win-win-win results for trade, development and the environment. The Doha Round is the first time environmental issues have featured explicitly in the context of a multilateral trade negotiation. Other parts of the Doha negotiations are also relevant to the environment, for example some aspects of the agriculture negotiations and also disciplines on fisheries subsidies. The Doha Development Agenda also has a section specifying the priority items in the CTE’s regular work.

International efforts on the environment...

Since environmental problems often transcend national borders, the response must involve concerted action at the international level. °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ members have long recognized the need for coherence amongst international institutions in addressing global environmental challenges. The current negotiations on the °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ-MEA relationship provide a unique opportunity for creating positive synergies between the trade and environment agendas at the international level. In addition, there is regular and routine contact between the °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ Secretariat and secretariats of multilateral environmental agreements.