International economic law and.the interface between trade and environmental regulation

Jeff Waincymer

The Journal of International Trade & Economic Development, 1998, vol. 7, issue 1, 3-38

Abstract: This paper provides an international economic lawyer's perspective of the issues economists need to consider in analysing the trade-environment interface. Despite their historical polarity, proponents of both trade and environment regulation, principally seek to reduce negative externalities that are caused by trade under certain conditions. Therefore the real issue is the form and level of intervention. The paper further argues that effective economic policy must take into account the impact of problems in enforcement and justiciability. The WTO's potential as a forum for the development of comprehensive environmental agreements is examined and ultimately rejected. Non-discrimination, necessity and national treatment are forwarded as essential to prevent de facto protectionism. More problematically, the paper discusses the conflict between prevention of disguised trade barriers with the need to prevent irreparable damage that underlies the precautionary principle. It is pointed out that the polluter pays principle is one fraught with problems, particularly the accurate determination of liability.

Keywords: International trade regulation; environmental protection; World Trade Organisation (search for similar items in EconPapers)
Date: 1998
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Citations: View citations in EconPapers (1)

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DOI: 10.1080/09638199800000002

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