Full Text Available
Note: Clicking the button above will open the full text document at the original institutional repository in a new window.
The increasing necessity for the inclusion of process and production methods (PPMs) into the current GATT regime as a safeguard/tool for environmental sustainability
The aim of this thesis is to advocate for the inclusion of PPMs into the current GATT regime for the attainment of environmental sustainability. The issue of PPMs in international trade has been problematic for environmentalists since the first Tuna-Dolphin panel held that distinctions between produ...
Saved in:
| Main Author: | |
|---|---|
| Other Authors: | |
| Format: | Thesis |
| Language: | English |
| Published: |
Department of Commercial Law
2015
|
| Subjects: | |
| Tags: |
No Tags, Be the first to tag this record!
|
| _version_ | 1867613142703407104 |
|---|---|
| access_status_str | Open Access |
| author | Matawu, Daniel Tawanda |
| author2 | Nkomo, Marumo |
| author_browse | Matawu, Daniel Tawanda Nkomo, Marumo |
| author_facet | Nkomo, Marumo Matawu, Daniel Tawanda |
| author_sort | Matawu, Daniel Tawanda |
| collection | Thesis |
| description | The aim of this thesis is to advocate for the inclusion of PPMs into the current GATT regime for the attainment of environmental sustainability. The issue of PPMs in international trade has been problematic for environmentalists since the first Tuna-Dolphin panel held that distinctions between products based on their production methods were not permissible under GATT. In the first part the thesis assessed and confirms that trade and the environment are two intertwined elements. The thesis then focused on the current legal framework within which environmental interests are said to be appreciated. It is shown that this framework is not efficient in protecting the environment. The thesis then identifies the issue of PPMs and their position in relation to the GATT. This analysis entailed a detailed study of article I, III and XX. It is shown that in many disputes involving PPMs, in most instances PPMs are easily found to be in contravention of the most-favoured nation principle (article I) and the national treatment principle(article III). An evaluation of article III also shows that the like products tests has made it challenging for PPMs to be acceptable in GATT. As for article XX most PPMs readily qualify under (b) and (g) but fail to meet the chapeau's steep requirements. In conclusion focus was on the PPMs debate vis-Ã -vis the views of developing and developed nations. By showing the rate of environmental degradation in the SADC region as examples, the thesis argues that PPMs offer developing countries a solution for environmental sustainability. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/15195 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:31:26.417Z |
| 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 Commercial Law |
| publisherStr | Department of Commercial Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/15195 The increasing necessity for the inclusion of process and production methods (PPMs) into the current GATT regime as a safeguard/tool for environmental sustainability Matawu, Daniel Tawanda Nkomo, Marumo Commercial Law The aim of this thesis is to advocate for the inclusion of PPMs into the current GATT regime for the attainment of environmental sustainability. The issue of PPMs in international trade has been problematic for environmentalists since the first Tuna-Dolphin panel held that distinctions between products based on their production methods were not permissible under GATT. In the first part the thesis assessed and confirms that trade and the environment are two intertwined elements. The thesis then focused on the current legal framework within which environmental interests are said to be appreciated. It is shown that this framework is not efficient in protecting the environment. The thesis then identifies the issue of PPMs and their position in relation to the GATT. This analysis entailed a detailed study of article I, III and XX. It is shown that in many disputes involving PPMs, in most instances PPMs are easily found to be in contravention of the most-favoured nation principle (article I) and the national treatment principle(article III). An evaluation of article III also shows that the like products tests has made it challenging for PPMs to be acceptable in GATT. As for article XX most PPMs readily qualify under (b) and (g) but fail to meet the chapeau's steep requirements. In conclusion focus was on the PPMs debate vis-Ã -vis the views of developing and developed nations. By showing the rate of environmental degradation in the SADC region as examples, the thesis argues that PPMs offer developing countries a solution for environmental sustainability. 2015-11-21T09:38:08Z 2015-11-21T09:38:08Z 2015 Master Thesis Masters LLM http://hdl.handle.net/11427/15195 eng application/pdf Department of Commercial Law Faculty of Law University of Cape Town |
| spellingShingle | Commercial Law Matawu, Daniel Tawanda The increasing necessity for the inclusion of process and production methods (PPMs) into the current GATT regime as a safeguard/tool for environmental sustainability |
| thesis_degree_str | Master's |
| title | The increasing necessity for the inclusion of process and production methods (PPMs) into the current GATT regime as a safeguard/tool for environmental sustainability |
| title_full | The increasing necessity for the inclusion of process and production methods (PPMs) into the current GATT regime as a safeguard/tool for environmental sustainability |
| title_fullStr | The increasing necessity for the inclusion of process and production methods (PPMs) into the current GATT regime as a safeguard/tool for environmental sustainability |
| title_full_unstemmed | The increasing necessity for the inclusion of process and production methods (PPMs) into the current GATT regime as a safeguard/tool for environmental sustainability |
| title_short | The increasing necessity for the inclusion of process and production methods (PPMs) into the current GATT regime as a safeguard/tool for environmental sustainability |
| title_sort | increasing necessity for the inclusion of process and production methods ppms into the current gatt regime as a safeguard tool for environmental sustainability |
| topic | Commercial Law |
| url | http://hdl.handle.net/11427/15195 |
| work_keys_str_mv | AT matawudanieltawanda theincreasingnecessityfortheinclusionofprocessandproductionmethodsppmsintothecurrentgattregimeasasafeguardtoolforenvironmentalsustainability AT matawudanieltawanda increasingnecessityfortheinclusionofprocessandproductionmethodsppmsintothecurrentgattregimeasasafeguardtoolforenvironmentalsustainability |