ࡱ> q sbjbjt+t+ )AAoC]8$,P|m:(e|@2:4:4:4:4:4:4:$c;W=X:!!!X:wwww!2:!2:w w"2l22:4鈛N:.World Trade OrganizationWT/CTE/W/129 31 January 2000(00-0000)Committee on Trade and EnvironmentOriginal: English Annotated Bibliography of Selected Literature Concerning the Use of Trade Measures in Multilateral Environmental Agreements (MEAs) Note by the Secretariat This Note has been prepared in response to requests from delegations for background information relevant to trade and environment. This Note contains an annotated bibliography of selected literature concerning the use of trade measures in multilateral environmental agreements (MEAs). The Secretariat has also prepared select bibliographies on trade and environment in general, contained in WT/CTE/W/49 and WT/CTE/W/72. Listed below are articles and books which discuss issues relevant to the relationship between the rules of the multilateral trading system and the trade measures contained in MEAs, and between their dispute settlement mechanisms (Items 1 and 5 of the CTE's work programme). This body of literature has been selected based on its usefulness in the Secretariat's research which aims to improve an understanding about MEAs that contain trade-related provisions. In this respect, the Secretariat's on-going research is available for consultations by interested delegations. The document has been divided into references for materials concerning specific MEAs and general references for materials on MEAS and trade-related measures. Materials are listed according to the most recent date of publication. By way of general reference information for consultation by delegations, Annex I contains a list of CTE documents relevant to Items 1 and 5, and Annex II lists several websites which contain information on trade and environment. THe Basel Convention on the Transboundary Movement of Hazardous Waste and their disposal Title International Trade and the Basel Convention Author and Publishing Information Jonathan Krueger, London: The Royal Institute of International Affairs, Trade and Environment Series, 1999. Physical Description 133 pages including appendix and tables. Abstract This book examines the interaction of international trade and the Basel Convention. The author examines the trade provisions of the agreement prior to the Ban Amendment, and the controversial provisions of the Ban. There is a recommendation that the Convention should focus on efforts for the implementation of environmentally sound management in developing countries. The report also has a focus on other areas of the Convention, such as improving compliance and moving toward cleaner production. The report concludes that MEAs are the best instruments to strike the proper balance between trade liberalization and sustainability, and are not incompatible with the multilateral trading system. Title The Basel Convention and Transboundary Movements of Hazardous Wastes Author and Publishing Information Jonathan Krueger, London: The Royal Institute of International Affairs, Briefing Paper No. 45, May 1998. Physical Description 9 pages including bibliography and tables. Abstract This short article provides a useful update on the development and current status of the BaselConvention. There is discussion of the Ban Amendment and the criticism surrounding the controversial decision to ban the export of hazardous waste that is destined for recovery. Information regarding the possible negative economic effects of the ban is provided. The concerns of this ban for the multilateral trading system are briefly mentioned. Title The Effects on Trade of the Basel Convention on the Control of Hazardous Wastes and their Disposal Author and Publishing Information Laura B. Campbell, 1998 (Mimeo, study available with the Secretariat). Physical Description 73 pages and bibliography. Abstract This study examines the trade measures in The Basel Convention and includes a discussion on incentives (technical assistance and capacity building). The trade measures are looked at in terms of their relationship and effectiveness in achieving the Convention's environmental goals, including "environmentally sound management of hazardous waste". The Conference of the Parties' decisions which affect trade measures are also discussed in the study, including the Ban Amendment. The study links trade measures to environmental objectives and explains their importance to the working of the Convention. Title Experience with the use of Trade Measures in the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal Author and Publishing Information OECD Joint Session of Trade and Environment Experts, Paris: OECD, 1997 (COM/ENV/TD(97)4/FINAL). Physical Description 51 pages including bibliography. Abstract This report was prepared for discussion at the meeting of the OECD's Joint Session of Trade and Environment Experts in April 1997. It is a detailed document providing information as to the estimated effectiveness of the Basel Convention. There is also a discussion of the Ban Amendment, to the Basel Convention and a copy of the amendment is included in the report. The paper examines the trade-related measures as well as non-trade measures within the Convention. The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) Title Experience with the Use of Trade Measures in CITES Author and Publishing Information OECD Joint Session of Trade and Environment Experts, Paris: OECD, 1997(OECD/GD(97)106). Physical Description 68 pages including bibliography. Abstract This document is the first in a series on the use of trade measures in multilateral environmental agreements by the OECD's Joint Session of Trade and Environment Experts. Trade measures in CITES are reviewed and the three Appendices of the Convention are outlined in detail. Examples of national legislation implemented due to CITES are provided from five Parties. The report provides a discussion of the objectives of the trade measures. The problems associated with the Convention are also explored, such as illegal trade in wild flora and fauna and how this is combated through international policing and customs. The report then assesses the effectiveness of the trade measures though various factors such as compliance and reporting done by the parties. Title Whither CITES? The Evolution of a Treaty Regime in the Borderland of Trade and Environment Author and Publishing Information Peter H. Sand, European Journal Of International Law 8 (1997), 29-58. Physical Description 29 pages. Abstract The author, who was the Secretary-General of CITES from 1978 to 1981, presents an overview of the evolution of the regime of regulation wildlife management through the control of trade in endangered species. The Conference of the Parties of CITES has adopted 190 recommendations over the 25 years of the Convention's existence which has given shape and form to CITES. The author identifies that there is insufficient national implementation among many of the parties, gaps in national reporting and lack of capacity building for some developing countries. Future challenges of CITES are discussed in the conclusion of the paper. The UN Framework Convention on Climate Change (UNFCCC) and the Kyoto Protocol Title Trade Implications of the Kyoto Protocol Author and Publishing Information Aaron Cosbey, Winnipeg: International Institute for Sustainable Development, 1999. This article appeared in the Spring 1999 Issue of Policy Matters, IUCN Commission for Environment, Economic and Social Policy newsletter. Physical Description 5 pages. Abstract This article summarizes the potential conflicts with ϲʹ rules that parties may face when ϲʹϠMembers nationally implement their Kyoto obligations. The paper provides examples of problems that may arise with ϲʹ rules though the implementation of carbon tax and border tax adjustment, product standards, incentives for carbon reduction (subsidies) and green government procurement. Title Trade Rules and Climate Change Policy: Some issues of synergy and conflict Author and Publishing Information Lucas Assuno. Paper presented at 'Implementing the Kyoto Protocol' Conference; London: The Royal Institute of International Affairs, 14-14 June 1999 (paper available with the Secretariat). Physical Description 13 pages including bibliography. Abstract This article examines the potential conflicts and synergies between ϲʹ rules and the Kyoto Protocol. Issues of relevance to the linkages between these two regimes are domestic subsidies, carbon taxes and border tax adjustment, government procurement and eco-labelling. Article 3.5 of the UNFCCC and Article 2.3 of the KyotoProtocol urge that measures taken to combat climate change should not be a means of arbitrary or unjustifiable discrimination or disguised restriction on international trade. This language may need to be strengthened to enhance the coherence between trade, development and climate change policies. A joint ϲʹ/UNFCCC working group is recommended by the author with a view to achieving this greater coherence. The Montreal Protocol Title Experience with the Use of Trade Measures in the Montreal Protocol on the Substances that Deplete the Ozone Layer Author and Publishing Information OECD Joint Session of Trade and Environment Experts, Paris: OECD, 1997 (OECD(97)230). Physical Description 40 pages including bibliography. Abstract This report is the second in the OECD series which examines the use of trade measures in multilateral environmental agreements. The report summarizes the trade measures taken under the Protocol until 1997. There is information relating to the environmental effectiveness of the Montreal Protocol in controlling the production and consumption of Ozone Depleting Substances (ODS). The noncompliance mechanism is discussed in detail as it is an innovative process which adds to the overall success of this agreement in ensuring compliance. MEAs and Trade-Related Measures Title A Call for Coherence in International Law Praises for the Prohibition Against "Clinical Isolation" in ϲʹ Dispute Settlement Author and Publishing Information Gabrielle Marceau, Journal of World Trade, 33(5): 87-152, 1999. Physical Description 65 pages. Abstract The influence of MEAs and principles of public international law in Panel and Appellate Body interpretations of ϲʹ environmental provisions are examined by looking at recent ϲʹ Appellate Body decisions, including Shrimp/Turtle. The article explains that in the absence of agreement by ϲʹ Members on how to resolve trade and environment issues, the Dispute Settlement Body of the ϲʹ will have to develop rules on a case-by-case basis on the application of Article XX and other environmental provisions. The author explores the relationship between ϲʹ provisions and those of other treaties, including MEAs, and suggests how ϲʹ provisions could be interpreted coherently and consistently with other rules of international law. Title Environmental Treaties and Trade: Multilateral Environmental Agreements and the Multilateral Trading System Author and Publishing Information Duncan Brack, in Gary P. Sampson and W. Bradnee Chambers eds., Trade, Environment, and the Millennium, Japan: United Nations University Press, 1999. Physical Description 27 pages including endnotes. Abstract The author notes that the failure to resolve the potential conflict between the legal regimes of international environment and international trade could lead to actual conflict. This article concludes that a new ϲʹ side agreement for MEAs would provide a solution to this conflict and the author explains the status and the substance of a side agreement for MEAs and the ϲʹ. Title Policy Effectiveness and Multilateral Environmental Agreements Author and Publishing Information Scott Vaughan and Ali Dehlavi, Geneva: UNEP Economics, Trade and Environment Unit, 1998. Physical Description 172 pages. Abstract This is the most recent edition to UNEP's Environment and Trade Series. This report attempts to analyse the effectiveness of MEAs containing trade measures. The focus is on the three main agreements which incorporate a range of trade measures: the Basel Convention, the Montreal Protocol and CITES. The main research for the report was provided by five independent analytical studies commissioned by UNEP from various organizations such as IUCN and the Center for International Environmental Law, as well as academics in the field of trade and environment. The effectiveness of the agreements is looked at with the following factors in mind: implementation of MEAs by States, quantitative changes in environmental quality, success of controlling a targeted pollutant, facilitation of measures such as capacity building and technological assistance and others. Non-compliance measures are discussed as are the different types of measures used in the three MEAs from quotas to incremental funding. Title Trade Measures in Multilateral Environmental Agreements: Synthesis Report of Three Case Studies Author and Publishing Information OECD Joint Session of Trade and Environment Experts, Paris: OECD, 1998 (COM/ENV/TD(98)127). Physical Description 76 pages including endnotes, tables, annexes and a bibliography. Abstract The OECD has produced three case studies on MEAs, examining in detail the Montreal Protocol, CITES and the Basel Convention. This report is the final in the series and it compares all three case studies and looks at the effectiveness of their trade-related provisions. The study states the environmental objectives of the three agreements, and then analyses the trade measures and their role in achieving these environmental objectives. Provided within the Executive Summary is a list which highlights the factors that contribute to the success of these MEAs, as well as a list which shows the factors that limit their success. Title Trade and Environment: Bridging the Gap Author and Publishing Information Agata Fijalkowski and James Cameron, eds. London: Cameron May, 1998. Physical Description 190 pages, including introduction by the editor. Abstract This book is a compilation of eleven articles from a Round Table Conference on MEAs held in the Hague, Netherlands in September 1997. The topics discussed include environmental law, dispute settlement, and articles on specific MEAs such as the Basel Convention and the United Nations Framework Convention on Climate Change, as well as an analysis on the development of the Biosafety Protocol to the Convention on Biological Diversity. Title Positive Measures to Promote Sustainable Development, Particularly in Meeting the Objectives of Multilateral Environmental Agreements Author and Publishing Information UNCTAD. Geneva: 26 August 1997, (TD/B/COM.1/EM.3/2.9). Physical Description 19 pages. Abstract Incentives for parties of MEAs, especially after UNCED in 1992, have become of increasing importance. This report provides a description of the range of incentives used, including capacity building, financial mechanisms and technology transfer. These measures are shown within the context of various MEAs. There is also a discussion regarding additional or innovative financial mechanisms, for example, private sector funding for the creation of investor pools. Title International Trade and the Protection of the Environment: The Continuing Search for Reconciliation Author and Publishing Information Thomas Schoenbaum, American Journal of International Law, 1997 (Vol. 91, No. 2) 268. Physical Description 45 pages. Abstract This paper provides a good review of the core GATT articles and relevant cases with environmental issues. Also provided is an analysis of GATT Article XX, the general exceptions and the chapeau. Important trade and environment cases before the panel and the Appellate Body are discussed in detail. This discussion provides insight into how the tests have evolved in Article XX(b) and (g) and the development of the tests in the chapeau, especially in the U.S Gasoline Standards report of the Appellate Body. Multilateral Environmental Agreements and their conformity to the Multilateral Trading System is looked at, and the author provides suggestions for harmonizing the two systems. Other trade and environment matters, such as eco-labelling and PPMs are also discussed. Title Multilateral Environmental Agreements and the GATT: Conflict and Resolution Author and Publishing Information Chris World, Environmental Law, 1996 (Vol. 26, No. 3) 841. Physical Description 60 pages. Abstract This article is similar in content to the UNEP book, The Use of Trade Measures in Select Multilateral Environmental Agreements. This author, in fact, wrote the CITES chapter in the UNEP report. This article discusses the issues with more brevity and focuses on the three main MEAs which have traderelated provisions, CITES, the Basel Convention and the Montreal Protocol. Import and export restrictions are looked at, as well as provisions in the MEAs that may place quotas or quantitative restrictions on trade. There are also examples of technology transfer and the use of economic incentives in the threeinternational agreements. Article XX of GATT 1994 and the related environmental disputes are analysed as well. Title International Economic Instruments For Sustainable Development: Sticks, Carrots And Games Author and Publishing Information Peter H. Sand, Indian Journal of International Law, Vol. 36, January 1996. also available at http://www.jura.uni-muenchen.de/tel/materials/economic_instruments.html Physical Description 7 pages. Abstract The author examines the types of economic instruments found in MEAs to implement sustainable development. According to the author, there are three types: disincentives such as quantitative limits to trade, incentives such as financial contributions from the GEF or the Multilateral Fund and a third type of instrument which is not beneficial to any particular party at first, but may have net beneficial results. The example given of this third type of trade measure is Joint Implementation under the Climate Change regime. These types of instruments hold a level of uncertainty for the countries involved, leading the author to label them 'games'. Title GATT Legal Restraints on the Use of Trade Measures Against Foreign Environmental Practices Author and Publishing Information Robert E. Hudec in Jagdish N. Bhagwati and Robert E. Hudec eds., Fair Trade and Harmonization: Prerequisites for Free Trade? Cambridge: MIT Press, 1996. Physical Description 79 pages including endnotes. Abstract This article looks at unilateral trade measures taken by governments for environmental purposes, which mostly encompass concerns regarding the mistreatment or killing of animals. MEAs with trade-related measures are also discussed in passing as a preferable approach to unilateral actions. The article explores the fact that there may be situations where unilateral trade sanctions are needed to promote sudden change for immediate and irreparable environmental harm. There is disagreement between countries as to the size of these sanctions, and in what cases they are justifiable. The author provides the views of environmental advocates and then contrasts them with the views of the trade policy advocates. This article provides thought-provoking discussion in a contentious area of the trade and environment debate. Title The Use of Trade Measures in Select Multilateral Environmental Agreements Author and Publishing Information Robert Houseman et al, eds. Geneva: UNEP, 1995. Physical Description 330 pages. Abstract This book provides a comprehensive view on trade measures in MEAs. There are chapters focusing in detail on the main MEAs including the Montreal Protocol, the Basel Convention, the Convention on Biological Diversity, CITES and the Framework Convention on Climate Change. Each of the chapters provides a description of the MEA and its significance for environmental protection. As well, an analysis of the trade measures contained within the MEA and its relationship with the Multilateral Trading System is provided. Trade with parties to the agreement and trade with nonparties is discussed. The final chapters look at the legal principles to resolving conflicts between MEAs and the ϲʹ and various proposals on how the two systems can be successfully integrated. ANNEX I Relevant ϲʹ Documents on Multilateral Environmental Agreements WT/CTE/W/4 Approaches to the relationship between the provisions of the multilateral trading system and trade measures pursuant to Multilateral Environmental Agreements - Note by the Secretariat WT/CTE/W/12 Trade measures for environmental purposes taken pursuant to Multilateral Environmental Agreements: recent developments - Note by the Secretariat WT/CTE/W/15 Trade measures for environmental purposes taken pursuant to multilateral environmental agreements: recent developments - Note by the Secretariat - FAO Code of Conduct for Responsible Fisheries WT/CTE/W/18 Convention on Biological Diversity: recent developments - Note by the Secretariat WT/CTE/W/19 Trade measures for environmental purposes taken pursuant to multilateral environmental agreements: recent developments - Seventh meeting of the Parties to the Montreal Protocol - Note by the Secretariat WT/CTE/W/20 Item1: The relationship between the provisions of the multilateral trading system and trade measures for environmental purposes, including those pursuant to multilateral environmental agreements (MEAs) - Submission by NewZealand WT/CTE/W/31 The relationship between trade measures pursuant to MEAs and the ϲʹϠAgreement Proposal by Japan WT/CTE/W/39 The relationship between the provisions of the multilateral trading system and trade measures for environmental purposes, including those pursuant to multilateral environmental agreements (MEAs) Proposal by ASEAN WT/CTE/W/44 Multilateral environmental agreements: recent developments Note by the Secretariat WT/CTE/W/48 Results of the ad hoc Intergovernmental Panel on Forests - Note by the Secretariat WT/CTE/W/55 Recent trade-related developments in the Basel Convention - Communication from the Basel Convention Secretariat WT/CTE/W/57 The Montreal Protocol and trade measures- Communication from the Secretariat for the Vienna Convention for the Protection of the Ozone Layer and the Montreal Protocol on Substances that Deplete the Ozone Layer WT/CTE/W/58 Nature and extent of GEF projects in assisting in the implementation of Multilateral Environmental Agreements - Communication from the GEFSecretariat WT/CTE/W/59 The proposed Prior Informed Consent (PIC) and Persistent Organic Pollutants (POPS) Conventions - Communication from UNEP Chemicals WT/CTE/W/60 Nature and extent of projects supported by the Multilateral Fund - Communication from the Multilateral Fund for the implementation of the Montreal Protocol WT/CTE/W/61 The United Nations Framework Convention on Climate Change - Communication from the UNFCCC WT/CTE/W/62 The 1994 Agreement relating to the implementation of part XI of the 1982 UN Convention on the Law of the Sea - Communication from the UnitedNations Division for Ocean Affairs and the Law of the Sea, Office of Legal Affairs WT/CTE/W/63 The Convention on International Trade in Endangered Species of Wild Fauna and Flora - Communication from the CITES Secretariat WT/CTE/W/64 The Convention on Biological Diversity and its relation to trade - Communication from the Executive Secretary of the CBD WT/CTE/W/68 The Montreal Protocol on Substances that Deplete the Ozone Layer - recent developments Note by the Secretariat WT/CTE/W/71 Convention on International Trade in Endangered Species of Wild Fauna and Flora Note by the Secretariat WT/CTE/W/74 United Nations Framework Convention on Climate Change Note by the Secretariat WT/CTE/W/84 Communication from the Secretariat of the Intergovernmental Forum on Forests (IFF) WT/CTE/W/86 Recent developments in Multilateral Environmental Agreements (MEAs) Note by the Secretariat WT/CTE/W/87 Communication from the Secretariat of the International Commission for the Conservation of Atlantic Tunas (ICCAT) WT/CTE/W/88 Communication from the Secretariat of the UN/ECE Convention on Long-Range Transboundary Air Pollution WT/CTE/W/89 Communication from the Secretariat of the International Tropical Timber Organization WT/CTE/W/90 Communication from the Secretariat of the Basel Convention WT/CTE/W/91 Communication from the Secretariat of UNEP Chemicals (IRPTC) WT/CTE/W/92 Communication from the Secretariat of the Convention on Biological Diversity (CBD) WT/CTE/W/95 The International Commission for the Conservation of Atlantic Tunas (ICCAT) - Communication from Brazil WT/CTE/W/104 The Montreal Protocol on the Substances that Deplete the Ozone Layer - recent developments Note by the Secretariat WT/CTE/W/112 Draft International Legally Binding Instrument for Implementing International Action on Certain Persistent Organic Pollutants (POPS) Note by the Secretariat WT/CTE/W/113 Communication from The Commission for the Conservation of Antarctic Marine Living Resources WT/CTE/W/115 Communication from the Secretariat for the Vienna Convention and the Montreal Protocol, UNEP WT/CTE/W/116 Communication from the Secretariat of the Convention on Biological Diversity WT/CTE/W/117 Convention on Biological Diversity (CBD), Draft Protocol on Biosafety, Recent Developments - Note by the Secretariat WT/CTE/W/119 Communication from the Secretariat of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) WT/CTE/W/120 Communication from the Secretariat of the International Tropical Timber Organization (ITTO) WT/CTE/W/122 Communication from the Secretariat of the Intergovernmental Forum on Forests (IFF) WT/CTE/W/123 Communication from the Secretariat of the UnitedNations Framework Convention on Climate Change WT/CTE/W/124 Convention on Biological Diversity (CBD) Draft Protocol on Biosafety - Note by the Secretariat WT/CTE/W/128 Recent Developments in Multilateral Environmental Agreements (MEAs) Note by the Secretariat Non-Papers submitted under Items 1 and 5 of the CTE's work programme Non-paper (19 February 1996) Submission by the European Community on Item 1 Non-paper (20 May 1996) Submission by Switzerland on Item 1 Non-paper (12 June 1996) Submission by Korea on Item 1 Non-paper (23 July 1996) Submission by Hong Kong on Item 1 Non-paper (23 July 1996) Submission by India on Items 1 and 5 Non-paper (11 Sept. 1996) Submission by the United States on Multilateral Environmental Agreements Annex ii Websites relevant to Trade and Environment and Multilateral Environmental Agreements OECD Environmental Issues homepage  HYPERLINK "http://www.oecd.org/env/" http://www.oecd.org/env/ UNEP Multilateral Environmental Agreements: includes the Basel Convention, the Montreal Protocol, UNFCCC, CITES and the Convention on Biological Diversity HYPERLINK "http://www.unep.ch/index.html"http://www.unep.ch/index.html UNEP Information Unit for Conventions: includes a newsletter on environmental treaties, Synergies  HYPERLINK "http://www.unep.ch/iuc/index.html" http://www.unep.ch/iuc/index.html UNEP Trade and Environment  HYPERLINK "http://www.unep.ch/trade.html" http://www.unep.ch/trade.html Earth Negotiations Bulletin  HYPERLINK "http://www.iisd.ca/linkages/voltoc.html" http://www.iisd.ca/linkages/voltoc.html Environmental Treaties and Resource Indicators (ENTRI) for MEA country searches and Convention texts on-line  HYPERLINK "http://sedac.ciesin.org/pidb/pidb-home.html" http://sedac.ciesin.org/pidb/pidb-home.html  International Institute for Sustainable Development Trade and Sustainable Development homepage  HYPERLINK "http://iisd1.iisd.ca/trade/trdhom.htm" http://iisd1.iisd.ca/trade/trdhom.htm  Multilaterals Project Comprehensive collection of MEAs HYPERLINK "http://www.tufts.edu/fletcher/multilaterals.html"http://www.tufts.edu/fletcher/multilaterals.html Sustainable Development Gateway  HYPERLINK "http://sdgateway.net/noframe/start.htm" http://sdgateway.net/noframe/start.htm (go to TRADE under site index) United Nations Treaty Collection Web site  HYPERLINK "http://www.un.org/Depts/Treaty/" http://www.un.org/Depts/Treaty/ __________ WT/CTE/W/129 Page  PAGE 2 WT/CTE/W/129 Page  PAGE 3 ,>HLo  &()  U V = > 6 < i 6 ? 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