Environmental Protection in the EU and the WTO: Is Article XX GATT in its Present Interpretation Consistent with the Current Standard of Environmental Protection of the EU? / Antonia Walter

Abstract:
In this essay, I address the different approaches of the EU and the WTO to the trade and environment conflict and find out in how far the present environmental policy of the EU is compatible with the conditions of the WTO’s Art XX GATT. Therefore, I first establish the current level of environmental protection in the EU by analysing the standard aimed
for by the EU and its realization in legislation and jurisprudence. To show how environmental protection works in practice, I analyse selected case law and show how EU courts treat trade restrictions on environmental grounds enacted by Member States. Having evaluated the current standard of the EU, I proceed to compare the result with the WTO. I briefly
explain institutional environmental developments within the GATT 1947, important environmental cases before the establishment of the WTO 1994 and textual changes in the new WTO Agreement. I then evaluate how Art XX GATT is dealt with in key case law and simultaneously compare this to the results of my analysis of similar EU cases. To conclude, I give a brief outlook on pending cases and a summary of the results of my study in both the EU and the WTO ambit. I point out some important differences in legal texts and case law and finally come to give a negative answer to my initial question.

Full-text available in .pdf

Advertisements

Comments do not require moderator approval but this will only last as long as everyone plays fair

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s