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Politics, Process and Principle: mutual supportiveness or irreconcilable differences in the trade-environment linkage

Citation

McDonald, J, Politics, Process and Principle: mutual supportiveness or irreconcilable differences in the trade-environment linkage, University of New South Wales Law Journal, The, 30, (2) pp. 524-547. ISSN 0313-0096 (2007) [Refereed Article]


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Copyright Statement

Copyright 2007 University of New South Wales Law Journal

Official URL: http://www.unswlawjournal.unsw.edu.au/lj2/default....

Abstract

This paper reflects on the current state of the international trade– environmental law linkage. This is an issue that has excited enormous public, political and academic attention over the past 15 years, since a trade Panel ruled against the United States for banning tuna imports from countries with dolphin-dangerous fishing practices. In the period since the now-infamous Tuna – Dolphin decision under the General Agreement on Tariffs and Trade ('GATT'), a new multilateral trade institution with over 150 Members, a comprehensive set of trade agreements and a binding dispute settlement process has emerged. Since its inception, the World Trade Organization (‘WTO’) has emphasised the need for a mutually supportive approach to trade–environment questions – one that advances the interests of both regimes. Yet various tensions and perceived fragmentation persist.

Item Details

Item Type:Refereed Article
Keywords:international trade-environmental law linkage, General Agreement on Tariffs and Trade, GATT, World Trade Organization, WTO
Research Division:Law and Legal Studies
Research Group:Law
Research Field:Environmental and Natural Resources Law
Objective Division:Law, Politics and Community Services
Objective Group:Justice and the Law
Objective Field:Justice and the Law not elsewhere classified
Author:McDonald, J (Professor Jan McDonald)
ID Code:72321
Year Published:2007
Deposited By:Law
Deposited On:2011-08-25
Last Modified:2012-10-17
Downloads:4 View Download Statistics

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