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The WTO Dispute Settlement System - Challenges of the Environment, Legitimacy and Fragmentation (Hardcover)
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The WTO Dispute Settlement System - Challenges of the Environment, Legitimacy and Fragmentation (Hardcover)
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Tensions between economic interests and environmental protection
have assumed crisis proportions in awareness at every level of
society. In particular, the World Trade Organization has become
entangled in controversies related to legitimacy, democracy,
environmental protection, and fragmentation of international law,
fuelling a contentious debate on the use (or abuse) of
environmental norms at the WTO. To a greater degree than any
comparable treatment, this book focuses on the role of the WTO
dispute settlement system in addressing trade-environment
conflicts. Highlighting the ways in which environmental issues
challenge the legitimacy of WTO jurisprudence, it considers such
relevant core issues as the following:;challenges posed to the WTO
by so-called 'linkage' issues, such as environmental protection,
labour, and investment;;to what extent the WTO can apply rules of
international law (e.g., environmental ones) that are not contained
in the WTO agreements; and;concerns over the Dispute Settlement
System's lack of democratic accountability in matters of great
public interest. The study analyses in detail the role of
international environmental law in three key WTO cases, namely the
Shrimp-Turtle, Hormones and Biotech disputes. This deeply informed
and thoughtful book is of special importance for its proposals on
how the WTO dispute settlement system can improve its legitimacy
while respecting the limits of its mandate. It will be welcomed by
international trade attorneys, environmental lawyers, concerned
academics and students, and government officials in both trade and
environmental policy.
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