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Politics, Process and Principle: mutual supportiveness or irreconcilable differences in the trade-environment linkage
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.
History
Publication title
University of New South Wales Law Journal, TheVolume
30Pagination
524-547ISSN
0313-0096Department/School
Faculty of LawPublisher
University of New South Wales, Faculty of LawPlace of publication
SydneyRights statement
Copyright 2007 University of New South Wales Law JournalRepository Status
- Restricted