WTO and Sustainable Development

WTO and Sustainable Development

Published Jan 2006

Author

M. Halle

Publisher

Focus themes

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A chapter in "The WTO and East Asian Regional Integration"

This paper analyses the relationship between trade and sustainable development, in particular the relationship between trade and the environment. The paper argues that contrary to general opinion, the environment has made significant progress in the World Trade Organisation (WTO).

The paper highlights that:

  • the greatest progress for the environment in the WTO has come about as a result of the work of the Dispute Settlement Body (DSB)
  • the Appellate Body of the DBS has an important function in clarifying ambiguities in the WTO rules, filling gaps left by the negotiators, and interpreting the intent of negotiators in crafting the legal texts based on close examination of the negotiating history
  • just as the scope of trade policy has expanded well beyond the scope of border measures and manufactured goods to address key priorities of domestic policy, so the dispute settlement system must take account of the overlap between trade policy and regulation, and relevant policy and regulation in other areas
  • also, trade policy now reaches deep into the domain of domestic policy, affecting the choices that governments have traditionally regarded as subject to their sovereign decision
  • the lack of progress in discussions and negotiations is no guarantee that an issue will remain blocked in the trade regime as a whole. It may, as we have seen, move to the DSB for clarification.

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