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Protecting the environment using the GATT Article XX: chasing shadows

Economic development is at the heart of the World Trade Organisation There is little doubt that trade liberalisation has had some positive effects on the global economy. However, there is considerable agreement on the fact that economic growth may also co me at the expense of environmental protectio...

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Main Author: Tapiwa, Shumba
Other Authors: Hare, John
Format: Thesis
Language:English
English
Published: School For Advanced Legal Studies 2026
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access_status_str Open Access
author Tapiwa, Shumba
author2 Hare, John
author_browse Hare, John
Tapiwa, Shumba
author_facet Hare, John
Tapiwa, Shumba
author_sort Tapiwa, Shumba
collection Thesis
description Economic development is at the heart of the World Trade Organisation There is little doubt that trade liberalisation has had some positive effects on the global economy. However, there is considerable agreement on the fact that economic growth may also co me at the expense of environmental protection. To this end, there is also agreement on the need to protect the environment from harmful economic activities such as trade liberalisation which is one of the current multilateral trading system's main instruments for economic growth. The debate on how this can be achieved has been going on for some time and has mainly been around the use of Article XX of the General Agreement on Tariffs and Trade to protect the environment from harmful trade practices. Some piecemeal fashioned suggestions have been made on how to deal with this issue and there has been some hope in many instances that environmental protection will become accommodated within the multilateral trading system. However, as practice has shown, the use of Article XX of the GATT has not, at most, been successful for many reasons. It is these reasons and the solutions to such, which this paper seeks to address, in light of a strong view that the use of the GATT article XX, in its current state, to protect the environment is a futile process and cannot yield positive results.
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language English
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last_indexed 2026-06-10T12:31:38.662Z
license_str Not specified — see source repository
provenance_str_mv Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository
publishDate 2026
publishDateRange 2026
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source_str UCTD — University of Cape Town Open Access Repository
spelling oai:open.uct.ac.za:11427/43186 Protecting the environment using the GATT Article XX: chasing shadows Tapiwa, Shumba Hare, John Gibson, John Advanced Legal Studies Economic development is at the heart of the World Trade Organisation There is little doubt that trade liberalisation has had some positive effects on the global economy. However, there is considerable agreement on the fact that economic growth may also co me at the expense of environmental protection. To this end, there is also agreement on the need to protect the environment from harmful economic activities such as trade liberalisation which is one of the current multilateral trading system's main instruments for economic growth. The debate on how this can be achieved has been going on for some time and has mainly been around the use of Article XX of the General Agreement on Tariffs and Trade to protect the environment from harmful trade practices. Some piecemeal fashioned suggestions have been made on how to deal with this issue and there has been some hope in many instances that environmental protection will become accommodated within the multilateral trading system. However, as practice has shown, the use of Article XX of the GATT has not, at most, been successful for many reasons. It is these reasons and the solutions to such, which this paper seeks to address, in light of a strong view that the use of the GATT article XX, in its current state, to protect the environment is a futile process and cannot yield positive results. 2026-05-06T09:21:13Z 2026-05-06T09:21:13Z 2010 2026-05-06T09:19:24Z Thesis / Dissertation Masters LLM http://hdl.handle.net/11427/43186 en eng application/pdf School For Advanced Legal Studies Faculty of Law University of Cape Town
spellingShingle Advanced Legal Studies
Tapiwa, Shumba
Protecting the environment using the GATT Article XX: chasing shadows
thesis_degree_str Master's
title Protecting the environment using the GATT Article XX: chasing shadows
title_full Protecting the environment using the GATT Article XX: chasing shadows
title_fullStr Protecting the environment using the GATT Article XX: chasing shadows
title_full_unstemmed Protecting the environment using the GATT Article XX: chasing shadows
title_short Protecting the environment using the GATT Article XX: chasing shadows
title_sort protecting the environment using the gatt article xx chasing shadows
topic Advanced Legal Studies
url http://hdl.handle.net/11427/43186
work_keys_str_mv AT tapiwashumba protectingtheenvironmentusingthegattarticlexxchasingshadows