The WTO rules versus multilateral environmental agreements: the search for reconciliation

The WTO rules versus multilateral environmental agreements: the search for reconciliation

The debate over free trade and protection of the environment has been on the table of the WTO since its very inception. In 2001, the Doha Development Agenda initiated a set of negotiations on the relationship between the WTO and MEAs. However, the negotiations have so far failed to yield any tangibl...

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Main Authors: Hamid, Abdul Ghafur@Khin Maung Sein, Nik Mahmod, Nik Ahmad Kamal
Format: Article
Language:English
Published: Centre for International & Environmental Law, Macquarie Law School, Macquarie University, NSW 2109, Australia 2008
Subjects:
KZ Law of Nations
Online Access:http://irep.iium.edu.my/38830/
http://irep.iium.edu.my/38830/
http://irep.iium.edu.my/38830/1/WTO_Rules_v_Multilateral_Environmental_Agreements%2C_The_Search_for_Reconciliation%2C_MqJICEL_2008_vol51_3pdf.pdf
id iium-38830
recordtype eprints
spelling iium-388302014-10-17T08:13:53Z http://irep.iium.edu.my/38830/ The WTO rules versus multilateral environmental agreements: the search for reconciliation Hamid, Abdul Ghafur@Khin Maung Sein Nik Mahmod, Nik Ahmad Kamal KZ Law of Nations The debate over free trade and protection of the environment has been on the table of the WTO since its very inception. In 2001, the Doha Development Agenda initiated a set of negotiations on the relationship between the WTO and MEAs. However, the negotiations have so far failed to yield any tangible result. This paper examines the adequacy of the environmental exceptions to WTO rules. Environmentally related disputes decided by the WTO Panel or Appellate Body are analysed to determine whether the rulings are one-sided and if trade rules are given preference over environmental concerns. The paper focuses on how to address the issue of the relationship between the WTO rules and MEAs in light of relevant principles of international law. The paper concludes with suggestions for improvement in the legal rules and dispute resolution. Centre for International & Environmental Law, Macquarie Law School, Macquarie University, NSW 2109, Australia 2008 Article PeerReviewed application/pdf en http://irep.iium.edu.my/38830/1/WTO_Rules_v_Multilateral_Environmental_Agreements%2C_The_Search_for_Reconciliation%2C_MqJICEL_2008_vol51_3pdf.pdf Hamid, Abdul Ghafur@Khin Maung Sein and Nik Mahmod, Nik Ahmad Kamal (2008) The WTO rules versus multilateral environmental agreements: the search for reconciliation. Macquarie Journal of International and Comparative Environmental Law (MqJICEL), 5 (1). pp. 57-79. ISSN 1448-8345 http://www.law.mq.edu.au/law_journals/macquarie_journal_of_international_and_comparative_environmental_law/
repository_type Digital Repository
institution_category Local University
institution International Islamic University Malaysia
building IIUM Repository
collection Online Access
language English
topic KZ Law of Nations
spellingShingle KZ Law of Nations
Hamid, Abdul Ghafur@Khin Maung Sein
Nik Mahmod, Nik Ahmad Kamal
The WTO rules versus multilateral environmental agreements: the search for reconciliation
description The debate over free trade and protection of the environment has been on the table of the WTO since its very inception. In 2001, the Doha Development Agenda initiated a set of negotiations on the relationship between the WTO and MEAs. However, the negotiations have so far failed to yield any tangible result. This paper examines the adequacy of the environmental exceptions to WTO rules. Environmentally related disputes decided by the WTO Panel or Appellate Body are analysed to determine whether the rulings are one-sided and if trade rules are given preference over environmental concerns. The paper focuses on how to address the issue of the relationship between the WTO rules and MEAs in light of relevant principles of international law. The paper concludes with suggestions for improvement in the legal rules and dispute resolution.
format Article
author Hamid, Abdul Ghafur@Khin Maung Sein
Nik Mahmod, Nik Ahmad Kamal
author_facet Hamid, Abdul Ghafur@Khin Maung Sein
Nik Mahmod, Nik Ahmad Kamal
author_sort Hamid, Abdul Ghafur@Khin Maung Sein
title The WTO rules versus multilateral environmental agreements: the search for reconciliation
title_short The WTO rules versus multilateral environmental agreements: the search for reconciliation
title_full The WTO rules versus multilateral environmental agreements: the search for reconciliation
title_fullStr The WTO rules versus multilateral environmental agreements: the search for reconciliation
title_full_unstemmed The WTO rules versus multilateral environmental agreements: the search for reconciliation
title_sort wto rules versus multilateral environmental agreements: the search for reconciliation
publisher Centre for International & Environmental Law, Macquarie Law School, Macquarie University, NSW 2109, Australia
publishDate 2008
url http://irep.iium.edu.my/38830/
http://irep.iium.edu.my/38830/
http://irep.iium.edu.my/38830/1/WTO_Rules_v_Multilateral_Environmental_Agreements%2C_The_Search_for_Reconciliation%2C_MqJICEL_2008_vol51_3pdf.pdf
first_indexed 2023-09-18T20:55:47Z
last_indexed 2023-09-18T20:55:47Z
_version_ 1777410294560063488

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