Trade and Environment: How it plays out in an evolving Multilateral Trade Regime

Mark HalleDirector, Trade and Investment

International Institute for Sustainable Development (IISD)

Copenhagen, 6 December 2004

Environment in the GATT

Environment and GATT 1947

EMIT group

Tuna-Dolphin

Uruguay and the CTE

Environment in the WTO

3 Generations of Trade & Environment:

Fear of the steamroller effect

CTE – impact of environmental measures on trade

A preference for disengagement?

CTE: 1995-2001

Committee work – clarification, preparing a mandate for negotiation, negotiating rules

Crystallization – an underrated form of progress

Dispute Settlement: PPMs and Extraterrioriality

PPMs: the trade view

PPMs: the environmental view

GATT law and Tuna-Dolphin

Shrimp-Turtle and the dawning of a new era

Dispute Settlement – Trade measures in MEAs

From Tuna-Dolphin to Shrimp-Turtle

Reformulated Gas

EC-Beef Hormone case

Dispute Settlement – Risk and Precaution

Rio Principle 15

EC Beef-Hormone

Australia Salmon

Japan Varietals

The Doha Mandate and Environment

Environmental Negotiations:MEAs – a three-part disaster

Observer status – political override

Environmental goods and services – whose agenda

Fish subsidies

The Ante-RoomMarket access

TRIPS

Labelling for environmental purposes

The July Framework

Environment as a trade-off issue

The lack of demandeurs

EU, Cotonou and the EPAs

EU preference offer

The Shift to a Positive Agenda

Improved understanding of the trade-environment link

Environment as an international consensus

Environment as a consumer demand

Environment for trade preferences

A positive agenda on environment without scope for green protection

Conclusions

Green protection is real, but can be handledReal environmental demand is coming from consumers, not governmentsEnvironmental demand is an incentive to improveA rejectionist agenda is uselessWe need policy coherenceWe need an overall goal for the trading system