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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| Format: | Article |
| Language: | English |
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Centre for International & Environmental Law, Macquarie Law School, Macquarie University, NSW 2109, Australia
2008
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| Online Access: | 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 |
| _version_ | 1848781677364510720 |
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| 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 |
| building | IIUM Repository |
| collection | Online Access |
| 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. |
| first_indexed | 2025-11-14T15:53:22Z |
| format | Article |
| id | iium-38830 |
| institution | International Islamic University Malaysia |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-14T15:53:22Z |
| publishDate | 2008 |
| publisher | Centre for International & Environmental Law, Macquarie Law School, Macquarie University, NSW 2109, Australia |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | iium-388302023-03-28T07:07:53Z 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/ |
| 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 |
| title | 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_short | The WTO rules versus multilateral environmental agreements: the search for reconciliation |
| title_sort | wto rules versus multilateral environmental agreements: the search for reconciliation |
| topic | KZ Law of Nations |
| 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 |