Trade & Environment (WTO & GATT Article XX(b)&(g) Exceptions, On-Going Negotiations)

1/4 Sample as an introduction to the trade and environmental overlap the WTO website The multilateral trading system and climate change: introduction (remember the “human environment” going back to the 1972 Stockholm Declaration?)

2/4 Review An Introduction to Trade and the Environment at the WTO (sample some of the materials, and note in particular that countries are already calling for more trade and climate change policy coherence).

3/4 Read from Environmental disputes in GATT/WTO:

a. US- Restrictions on Imports of Tuna (1991) (tuna-dolphin case; edited excerpt available at Dolphin Friendly Tuna appellate panel)

b. US- Standards for Reformulated and Conventional Gasoline (1996; edited excerpt available at Venezuelan Refinery appellate panel)

c. US- Import prohibition of Certain Shrimp and Shrimp Products (1998) (shrimp-turtle case; edited excerpt available at Shrimp TED appellate panel)

4/4 Note from paragraphs 31-33 of the Doha Declaration that green or “environmental goods and services” are already a concept in the negotiations, except what are green goods?

[ red hots might want to look at Joost Paulweyn, U.S. Federal Climate Policy and Competitiveness Concerns: The Limits and Options of International Trade Law, Working Paper, Nicolas Institute for Environmental Policy Solutions, Duke University 2007 to develop a broader understanding of border measures and the like in the climate change context as a way of reconciling unilateral environmental actions with competitiveness concerns as a matter of trade law compliance in the climate change area, which is distinctively different as a technical matter now from concerns about the WTO DSB jurisprudence on the environment we read above. ]

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