Full Text Available
Note: Clicking the button above will open the full text document at the original institutional repository in a new window.
Trade and the environment : the legality of unilateral measures with extraterritorial effect to protect the environment under the WTO/GATT
Includes bibliographical references.
Saved in:
| Main Author: | |
|---|---|
| Other Authors: | |
| Format: | Thesis |
| Language: | English |
| Published: |
Department of Public Law
2015
|
| Subjects: | |
| Tags: |
No Tags, Be the first to tag this record!
|
| _version_ | 1867613215091851264 |
|---|---|
| access_status_str | Open Access |
| author | Schuster, Aline |
| author2 | Lehmann, Karin |
| author_browse | Lehmann, Karin Schuster, Aline |
| author_facet | Lehmann, Karin Schuster, Aline |
| author_sort | Schuster, Aline |
| collection | Thesis |
| description | Includes bibliographical references. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/12664 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:32:36.207Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2015 |
| publishDateRange | 2015 |
| publishDateSort | 2015 |
| publisher | Department of Public Law |
| publisherStr | Department of Public Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/12664 Trade and the environment : the legality of unilateral measures with extraterritorial effect to protect the environment under the WTO/GATT Schuster, Aline Lehmann, Karin Public Law Includes bibliographical references. The preamble of the Agreement establishing the WTO, the so called Marrakesh Agreement, points out the general significance of environmental protection and sustainable development. The WTO law contains several provisions concerning the environment. However, it is not yet finally clarified in how far WTO Members can adopt measures to protect the environment where those measures have trade restricting effects. This question is particularly problematic where a Member implements such a measure unilaterally and the measure affects other countries’ policies. The question at stake is to what extent Member States can unilaterally adopt measures to protect the environment where those measures have extraterritorial effect, i.e. where those measures require other states to change their policies in order to gain access to the importing country’s market. The GATT/WTO adjudicating body had to deal with two disputes addressing this issue, namely the Tuna-Dolphin dispute5 and the Shrimp-Turtle case. These two disputes are of outstanding importance for the issue of unilateral measures with extraterritorial effect to protect the environment. Both disputes dealt with the question whether import embargoes, that were inconsistent with Article XI of the GATT for they imposed quantitative import restrictions, could be justified under Article XX (g) of the GATT as measures to conserve exhaustible natural resources. The two decisions interpreted Article XX of the GATT, particularly paragraph g of that provision, differently. The question whether countries can unilaterally adopt measures to protect the environment where those measures have extraterritorial effect must be analysed against the backdrop of both WTO jurisprudence and general principles of international law. 2015-04-02T14:17:19Z 2015-04-02T14:17:19Z 2012 Master Thesis Masters LLM http://hdl.handle.net/11427/12664 eng application/pdf Department of Public Law Faculty of Law University of Cape Town |
| spellingShingle | Public Law Schuster, Aline Trade and the environment : the legality of unilateral measures with extraterritorial effect to protect the environment under the WTO/GATT |
| thesis_degree_str | Master's |
| title | Trade and the environment : the legality of unilateral measures with extraterritorial effect to protect the environment under the WTO/GATT |
| title_full | Trade and the environment : the legality of unilateral measures with extraterritorial effect to protect the environment under the WTO/GATT |
| title_fullStr | Trade and the environment : the legality of unilateral measures with extraterritorial effect to protect the environment under the WTO/GATT |
| title_full_unstemmed | Trade and the environment : the legality of unilateral measures with extraterritorial effect to protect the environment under the WTO/GATT |
| title_short | Trade and the environment : the legality of unilateral measures with extraterritorial effect to protect the environment under the WTO/GATT |
| title_sort | trade and the environment the legality of unilateral measures with extraterritorial effect to protect the environment under the wto gatt |
| topic | Public Law |
| url | http://hdl.handle.net/11427/12664 |
| work_keys_str_mv | AT schusteraline tradeandtheenvironmentthelegalityofunilateralmeasureswithextraterritorialeffecttoprotecttheenvironmentunderthewtogatt |