INTEGRATING ENVIRONMENTAL PROTECTION INTO INTERNATIONAL TRADE REGIME: AN INEVITABLE CONSIDERATION FOR DEVELOPMENT

Abstract

Trade and environment are equally important and mutually dependant as human society cannot stand without an efficient economy and a sustainable environment. It is vital to ensure that both regimes evolve towards the better condition without degrading each other. The problems occur when there is no clear parameter of the integration of environmental protection measures into international trading regime causing the unwillingness to cooperate, especially the developing countries which afraid to lose competitive advantages to promote national economic growth through international trade and investment. On the other hand, the unilateral efforts of the developed countries to address environmental problems by using trade-related measures may violate and undermine trade’s principles because it may create unfair trade barriers and restrictions. Under multilateral trade rules and jurisprudence, the use of trade measures can be justified for environmental protection in certain circumstances. However, the further cooperation between trade and environmental organizations and developed and developing countries is needed in order to develop a win-win solution for the use of environmental trade measures and to negotiate for possible integration of other environmental protection measures into trade agreements without regressing the trading system.