Maarif, Syamsul and Professor Armand, L.C. de Mestral and David Stevens, Professor (1998) The Relevance Of The GATT/WTO To Environmental Policies. Doktor thesis, Universitas Brawijaya.
Abstract
This thesis addresses the relationship between the GATT/WTO and environmental protection, particularly the relevance of its principles to trade-related environmental measures (TREMs). Environmentalists generally believe that the GATT/WTO is not relevant to TREMs, arguing that the GATT does not have the mandate to deal with environmental issues. In addition, environmentalists believe that the GATT rules on non-discrimination and "like products" could act as barriers for individual countries attempting to adopt TREMs. The prohibition against creating "trade barriers" could result in the same barriers. Economists, on the other hand, generally believe that the GATT/WTO is relevant to TREMs. They argue that nothing in the GATT/WTO prohibits individual countries from adopting TREMs provided that the measures are primarily designed to achieve environmental objectives and are adopted in a legitimate manner. They also contend that the GATT does not prohibit individual countries from employing TREMs when they deal with a "product" standards. This thesis examines relevant GATT/WTO principles and cases, studies and observations made by experts on the isSue of trade and environmental protection. The examination confirms the relevance of many GATT/WTO principles to TREMs, which give individual countries the flexibility to adopt TREMs. This thesis also confirms the need for new interpretations and rules to make the existing principles more relevant to TREMs. It would suffice to reinterpret and to develop several new rules.
English Abstract
This thesis addresses the relationship between the GATT/WTO and environmental protection, particularly the relevance of its principles to trade-related environmental measures (TREMs). Environmentalists generally believe that the GATT/WTO is not relevant to TREMs, arguing that the GATT does not have the mandate to deal with environmental issues. In addition, environmentalists believe that the GATT rules on non-discrimination and "like products" could act as barriers for individual countries attempting to adopt TREMs. The prohibition against creating "trade barriers" could result in the same barriers. Economists, on the other hand, generally believe that the GATT/WTO is relevant to TREMs. They argue that nothing in the GATT/WTO prohibits individual countries from adopting TREMs provided that the measures are primarily designed to achieve environmental objectives and are adopted in a legitimate manner. They also contend that the GATT does not prohibit individual countries from employing TREMs when they deal with a "product" standards. This thesis examines relevant GATT/WTO principles and cases, studies and observations made by experts on the isSue of trade and environmental protection. The examination confirms the relevance of many GATT/WTO principles to TREMs, which give individual countries the flexibility to adopt TREMs. This thesis also confirms the need for new interpretations and rules to make the existing principles more relevant to TREMs. It would suffice to reinterpret and to develop several new rules.
| Item Type: | Thesis (Doktor) |
|---|---|
| Identification Number: | - |
| Divisions: | S2/S3 > Doktor Ilmu Hukum, Fakultas Hukum |
| Depositing User: | soegeng sugeng |
| Date Deposited: | 18 Jul 2024 08:08 |
| Last Modified: | 18 Jul 2024 08:08 |
| URI: | http://repository.ub.ac.id/id/eprint/223924 |
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