JUDICIAL APPROACHES TO TRADE & ENVIROMENT: The EC and the WTO

Nicola Notaro

The present work is a comparison of the ECJ decisions and GATT/WTO rulings in the area of trade and environment. It is constituted by three main parts:

Part I, composed of three chapters, deals with the treatment reserved by the ECJ to the trade and environment conflict. Chapter 1 introduces the context in which the free movement of goods and environmental policy interact in the EC. Chapter 2 analyses the ‘classic jurisprudence’ of the ECJ on trade and environment and tries to identify and explain the conclusions it has offered and the problems it has left open. Finally and most importantly, chapter 3 analyses the ‘new wave’ case-law of the ECJ in the same area and tries to identify and explain the trends and directions of this recent jurisprudential evolution.

Part II, on a similar path to Part I, expands upon the GATT/WTO case-law on trade and environment in three chapters. Chapter 1 introduces the context of trade liberalisation in the WTO agreements and the potential conflict with international as well as national environmental regulation. Chapter 2 analyses the GATT jurisprudence on trade and environment predating the birth of the WTO with its new Dispute Settlement Body. Finally and, again, more importantly, chapter 3 analyses the WTO jurisprudence in the same area and attempts to explain the reasons for its important evolution.

Part III of the research, which is much shorter, builds upon the analysis conducted in Parts I and II. It first stress the different/similar approaches used by the two judicial bodies at issue in relation to the same problem and then examines the possibility of cross-fertilisation between the two. Furthermore, the institutional and procedural changes which could help to improve the quality and effectiveness of the ECJ and panels/Appellate Body’s decisions are dealt with. Finally, the outlook of the trade and environment debate  in the WTO after the Doha Ministerial Conference is presented and some conclusions are drawn.

ISBN 10: 1 874698 19 8

ISBN 13: 978 1 874698 19 7

• Hardback • 342pp • 2003 • £125.00