Tag Archives: trade law

A Global Environmental Right (S. J. Turner)

Author

Stephen J. Turner

Keywords

Environmental Rights, Global Environmental Governance, Constitutional Law, Company Law, Trade Law, Non-State Actors, Climate Change Law

Abstract

The development of an international substantive environmental right on a global level has long been a contested issue. To a limited extent environmental rights have developed in a fragmented way through different legal regimes. This book examines the potential for the development of a global environmental right that would create legal duties for all types of decision-makers and provide the bedrock for a new system of international environmental governance. Taking a problem solving approach, the book seeks to demonstrate how straightforward and logical changes to the existing global legal architecture would address some of the fundamental root causes of environmental degradation. It puts forward a draft global environmental right that would integrate duties for both state and non-state actors within reformed systems of environmental governance and a rational framework for business and industry to adhere to in order that those systems could be made operational. It also examines the failures of the existing international climate change regime and explains how the draft global environmental right could remedy existing deficits.

Citation

(2014) A Global Environmental Right. Earthscan by Routledge.

Book

A Global Environmental Right

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Climate justice: the claim of the past (S.J. Humphreys)

Author

Stephen. J. Humphreys

Keywords

Climate justice, rule of law, trade law, human rights, colonialism, globalization, Walter Benjamin

Abstract

This synthetic appraisal of the collection of papers in this issue argues that historical injustice saturates the problem of climate change. Those most vulnerable to climate change today are largely those who already lack resources – who have been on the wrong end of colonial history, or who have been globalization’s losers, or who have suffered neglect, exclusion or simple rapacity at the hands of their own governments. They are those who have benefitted little or not at all from a carbon-intensive global economy, but who have long suffered its side effects – resource stripping, food price spikes, impoverishment and now the ravages of climate change. Following the other authors in this issue – and examining human rights law, trade law and the overarching ideal of the rule of law – the paper notes that the particular form taken by law in international and transnational affairs, having largely followed the historical progress of industrialism, colonialism and globalization, is peculiarly ill-suited to the task of addressing this vulnerability.

Citation

(2014) 0 Journal of Human Rights and the Environment 134-148

Publication

Climate justice: the claim of the past

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Markets, Monocultures, and Malnutrition: Agricultural Trade Policy Through an Environmental Justice Lens (C.G. Gonzalez)

Author

Carmen C. Gonzalez (Seattle University, USA)

Keywords

WTO, environmental justice, trade policy, IMF, World Bank, structural adjustment, international law, trade law, environmental law, development law, food security, agricultural law, human rights law

Abstract

The article posits that environmental justice must be understood to encompass equitable access to environmental necessities (such as food and water) as well as the minimization and equitable distribution of environmental hazards. Based upon this conception of environmental justice, the article examines the complex ways in which the rules governing international trade in agricultural products affect the fundamental human right to food. The article argues that colonialism and post-colonial trade, aid and development policies have created and institutionalized a double standard in the regulatory regime governing international agricultural trade: protectionism in wealthy, developed countries; trade liberalization in poor, developing countries. As a consequence of this double standard, agribusiness in the developed world is wreaking havoc on the livelihoods of poor farmers in the developing world by dumping agricultural products on world markets at depressed prices. “Leveling the playing field” by imposing the same free market reforms on rich and poor nations is not sufficient to address the underlying structural inequities that perpetuate poverty, hunger, and environmental degradation. The article proposes an asymmetrical set of trading rules that would require developed countries to eliminate agricultural protectionism while giving developing countries the policy flexibility to use certain protectionist instruments to promote economic development, enhance food security, and protect the environment. The article concludes with observations about the meaning of environmental justice at the international level.

Citation

(2006) 14 Michigan State University College of Law Journal of International Law 345

Paper

Markets, Monocultures, and Malnutrition: Agricultural Trade Policy Through an Environmental Justice Lens

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Genetically Modified Organisms and Justice (C.G. Gonzalez)

Author

Carmen G. Gonzalez ( Seattle University , USA )

Keywords

WTO, environmental justice, trade policy, international law, trade law, environmental law, development law, food security, genetically modified organisms, agricultural law, humanrights law, SPS Agreement, biosafety

Abstract

In September 2006, a WTO dispute settlement panel issued its long-awaited decision in favor of the United States in the dispute between the U.S. and the European Union over genetically modified organisms (GMOs). The ruling was based on narrow procedural grounds, and did not resolve the controversy over the safety of GMOs, over the right of countries to regulate GMOs more stringently than conventional products, or over the consistency of the EU’s GMO regulatory regime with WTO requirements. The debate over GMOs continues unabated. Unfortunately, the high profile dispute between the U.S. and the EU has eclipsed the important debate in the developing world over the socioeconomic implications of this technology. While scientific uncertainty continues to impede efforts to reach consensus on the human health and environmental impacts of GMOs, the socioeconomic perils of biotechnology in developing countries are becoming increasingly evident. Regrettably, the trade and environmental agreements governing the transboundary movement of GMOs privilege science as the arbiter of trade disputes to the exclusion of other forms of normative discourse. With limited exceptions, socioeconomic considerations may not be used to justify GMO trade restrictions. Using environmental justice as an analytical framework, this article examines the unique risks and benefits of biotechnology for developing countries, and places the debate over biotechnology in the context of the historic and ongoing controversy between developed and developing countries over the rules governing trade in conventional agricultural products. It concludes by proposing alternative regulatory strategies designed to ensure that international trade law promotes rather than frustrates environmental protection, the human right to food, and the promotion of sustainable economic development.

Citation

(2007) 19 Georgetown International Environmental Law Review 583

Paper

Genetically Modified Organisms and Justice: The International Environmental Justice Implications of Biotechnology

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