Trade and environment: striking a balance in international law

This thesis seeks to balance trade and environmental concerns in international law. It studies a number of multilateral environmental and trade agreements to observe the extent to which environmental and trade treaty regimes have made allowances for each other's interests, and whether allowed s...

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Main Author: Khanum, Farjina
Format: Thesis (University of Nottingham only)
Language:English
Published: 2012
Subjects:
Online Access:https://eprints.nottingham.ac.uk/14363/
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author Khanum, Farjina
author_facet Khanum, Farjina
author_sort Khanum, Farjina
building Nottingham Research Data Repository
collection Online Access
description This thesis seeks to balance trade and environmental concerns in international law. It studies a number of multilateral environmental and trade agreements to observe the extent to which environmental and trade treaty regimes have made allowances for each other's interests, and whether allowed such interests to be disregarded or overridden in practice. Serious questions remain, however, about the compatibility between overlapping environmental and trade rules in the absence of a clear authority relationship or means of securing unity in the international legal order as a whole. The international legal system does not possess well-developed hierarchies; thus, none of the agreements inherently takes precedence in the event of a conflict. Consequently, the aim should be to achieve a better harmonization of the two regimes through available mechanisms. The multilateral trade agreements have made allowances and included exceptions with regard to the protection of environmental concerns. However, the precise way in which trade institutions balance environmental considerations by comparison with trade considerations is likely to prove critically important for the protection of the environment. It is for this reason that this thesis analyses the current balance between trade and environmental considerations in the international legal order, and proposes ways for improving its coherence.
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spelling nottingham-143632025-02-28T11:30:21Z https://eprints.nottingham.ac.uk/14363/ Trade and environment: striking a balance in international law Khanum, Farjina This thesis seeks to balance trade and environmental concerns in international law. It studies a number of multilateral environmental and trade agreements to observe the extent to which environmental and trade treaty regimes have made allowances for each other's interests, and whether allowed such interests to be disregarded or overridden in practice. Serious questions remain, however, about the compatibility between overlapping environmental and trade rules in the absence of a clear authority relationship or means of securing unity in the international legal order as a whole. The international legal system does not possess well-developed hierarchies; thus, none of the agreements inherently takes precedence in the event of a conflict. Consequently, the aim should be to achieve a better harmonization of the two regimes through available mechanisms. The multilateral trade agreements have made allowances and included exceptions with regard to the protection of environmental concerns. However, the precise way in which trade institutions balance environmental considerations by comparison with trade considerations is likely to prove critically important for the protection of the environment. It is for this reason that this thesis analyses the current balance between trade and environmental considerations in the international legal order, and proposes ways for improving its coherence. 2012-07-19 Thesis (University of Nottingham only) NonPeerReviewed application/pdf en arr https://eprints.nottingham.ac.uk/14363/1/580297.pdf Khanum, Farjina (2012) Trade and environment: striking a balance in international law. PhD thesis, University of Nottingham. foreign trade regulation international trade environmental law
spellingShingle foreign trade regulation
international trade
environmental law
Khanum, Farjina
Trade and environment: striking a balance in international law
title Trade and environment: striking a balance in international law
title_full Trade and environment: striking a balance in international law
title_fullStr Trade and environment: striking a balance in international law
title_full_unstemmed Trade and environment: striking a balance in international law
title_short Trade and environment: striking a balance in international law
title_sort trade and environment: striking a balance in international law
topic foreign trade regulation
international trade
environmental law
url https://eprints.nottingham.ac.uk/14363/