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International economic law and .the interface between trade and environmental regulation

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  • Jeff Waincymer

Abstract

This paper provides an international economic lawyer's perspective of the issues economists need to consider in analysing the trade-environment interface. Despite their historical polarity, proponents of both trade and environment regulation, principally seek to reduce negative externalities that are caused by trade under certain conditions. Therefore the real issue is the form and level of intervention. The paper further argues that effective economic policy must take into account the impact of problems in enforcement and justiciability. The WTO's potential as a forum for the development of comprehensive environmental agreements is examined and ultimately rejected. Non-discrimination, necessity and national treatment are forwarded as essential to prevent de facto protectionism. More problematically, the paper discusses the conflict between prevention of disguised trade barriers with the need to prevent irreparable damage that underlies the precautionary principle. It is pointed out that the polluter pays principle is one fraught with problems, particularly the accurate determination of liability.

Suggested Citation

  • Jeff Waincymer, 1998. "International economic law and .the interface between trade and environmental regulation," The Journal of International Trade & Economic Development, Taylor & Francis Journals, vol. 7(1), pages 3-38.
    • Handle: RePEc:taf:jitecd:v:7:y:1998:i:1:p:3-38
    DOI: 10.1080/09638199800000002
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    References listed on IDEAS

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    1. World Commission on Environment and Development,, 1987. "Our Common Future," OUP Catalogue, Oxford University Press, number 9780192820808.
    2. Baumol,William J. & Oates,Wallace E., 1988. "The Theory of Environmental Policy," Cambridge Books, Cambridge University Press, number 9780521322249, September.
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    Cited by:

    1. Christophe Charlier & Michel Rainelli, 2002. "Hormones, Risk Management, Precaution and Protectionism: An Analysis of the Dispute on Hormone-Treated Beef between the European Union and the United States," European Journal of Law and Economics, Springer, vol. 14(2), pages 83-97, September.

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