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.