Trade-related Environmental Measures under GATT Article XX(B) and (G)

Abstract

This dissertation deals with a review of literature and jurisprudence predominantly about how trade-related environmental measures – i.e. measures that restrict international trade to achieve environmental goals, like the necessity to protect human, animal or plant life or health and thoserelated to the conservation of exhaustible natural resources – may be accommodated within the exceptions described in paragraphs (b ) and (g) of Article XX of GATT 1994.The main motive behind this dissertation is to compile the maximum of information onthe procedure of applicability of Article XX(b) and (g) and to arrange it in a manner accessible to Law students in general, or to anyone interested in the subject, specially if they do not have any previous knowledge on the topic.At the present time, the conflict between environmental interests and economic interests is increasing. The applicability of the exceptions provided in Article XX(b) and (g) of GATT make a link between International Economic Law and International Environmental Law to balance economic interests with environmental interests. In this sense, the present essay intends toanswer questions such as:• When did the discussions concerned with trade and its implications on environmentunder the GATT and WTO begin?• What are the main facts and resolutions under the GATT and WTO that have takeninto consideration the connection between trade interests and environmental interests?• Is a WTO Member allowed to take trade-related environmental measures?• Could the exceptions under Article XX(b) and (g) justify the violation of substantiveGATT rules?• How are the exceptions under Article XX(b) and (g) of GATT applied? What are thecriteria for the application of such exceptions?• What are the key cases regarding the applicability of Article XX(b) and (g) solved by the panel and the Appellate Body?• Is there an implied jurisdictional limitation that prohibits a WTO Member from invoking the exceptions under Article XX(b) and (g) outside its territorial jurisdiction?• Could the unilateral measures enacted by a WTO Member be justified under the exceptionsunder Article XX(b) and (g)?• Why are MEAs recommended by the WTO as a better solution to transboundary environmental problems? Does the MEAs’ system conform with the WTO system?