Description
The aim of this module is to equip students with advanced knowledge and critical understanding of the growingly complex interaction between international trade and environmental protection from the perspective of public international law and domestic governmental regulation (i.e., State-centred norms). Since the 1992 UN Conference on Environment and Development, States have consistently pledged to ensure ‘mutual supportiveness’ between international trade and environmental policies in several international treaties and other legal or policy instruments. And yet, the precise meaning and implications of ‘mutual supportiveness’ remain contentious. In fact, are the international trade and environmental regimes inherently in conflict? To the extent this is so, does ‘mutual supportiveness’ assist us in reconciling existing tensions? And if it does not, how should we reconcile competing trade and environmental objectives and who should undertake such a reconciliatory or balancing exercise? The module will offer students the opportunity to explore and critically evaluate these challenging questions, through an in-depth analysis of prominent environmental measures or principles and their relationship with the law of the World Trade Organization (WTO).Ìý
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It will begin with an introduction to the underlying conceptual framework, including the notions of ‘mutual supportiveness’, ‘sustainable development’ and ‘conflicts of norms’ in public international law. Thereafter, each of the eight substantive seminars will select a contemporary environmental issue and critically examine its compatibility with WTO rules. In other words, to what extent do WTO disciplines hinder –or conversely, support– the adoption of trade-related measures to protect the global environment? As could be expected, most of the trade-environment nexus examined in the module concerns climate change mitigation as today’s most pressing environmental threat confronting our societies (e.g., border carbon adjustments and promotion of climate-friendly renewable energy), but it will also consider other global environmental concerns (e.g., biodiversity, precaution and fight against unsustainable fishing practices). In the last seminar, we move beyond the WTO and examine environmental provisions in free trade agreements (FTAs), which are playing an increasingly important role in regulating the trade-environment relationship.ÌýÌýÌýÌý
Module deliveries for 2024/25 academic year
Last updated
This module description was last updated on 19th August 2024.
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