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International Environmental Law and International Commercial Treaties

International Environmental Law and International Commercial Treaties. John Pendergrass Environmental Law Institute Senior Attorney, Co-Director International Programs. ELI.

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International Environmental Law and International Commercial Treaties

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  1. International Environmental Law and International Commercial Treaties John Pendergrass Environmental Law Institute Senior Attorney, Co-Director International Programs

  2. ELI The Environmental Law Institute makes law work for people, places, and the planet. With its non-partisan, independent approach, ELI promotes solutions to tough environmental problems. The Institute’s unparalleled research and highly respected publications inform the public debate and build the institutions needed to advance sustainable development.

  3. International Environmental Law • 700 Multilateral Environmental Agreements • Common Approaches

  4. Multilateral Environmental Agreements (MEAs) • Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES) • Montreal Protocol - ozone • Basel Convention – hazardous waste

  5. MEAs • United Nations Framework Convention On Climate Change • Kyoto Protocol • Stockholm Convention on Persistent Organic Pollutants

  6. MEAs • Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (PIC) • Convention on Biological Diversity

  7. MEAs • UN/ECE Convention on Access to Information, Public Participation in Decision-making, and Access to Justice in Environmental Matters (Aarhus Convention)

  8. MEAs • Rio Declaration on Environment and Development of the United Nations Conference on Environment and Development (UNCED) • Agenda 21

  9. Common Approaches • Precaution • “Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.”

  10. Common Approaches • Public Participation • Differential Obligations • Developed Country Leadership • Extended Time for Compliance for Less Developed Countries

  11. Common Approaches • Control of Trade to Protect Environment • Endangered Species (protect species) • Hazardous Substances (protect human health and environment)

  12. Comparison to Trade Law • International Environmental Law is not as Mature • Compliance and Enforcement • Many MEAs lack mechanisms • CITES and Montreal Protocol have focused on implementation • Nothing comparable to World Trade Organization

  13. Comparison to Trade Law • Participation Varies Widely • Kyoto Protocol – significant contributors not participating • CITES and Montreal Protocol have broad membership

  14. Relationship of MEAs to Trade Law • Potential for Conflict • Scholarship has explored issues • Potential but little actual conflict to date • Conflicts with domestic law

  15. Case Study • Ivory Coast dumping of Hazardous Wastes • Is this an example of a conflict? • Violation of Basel? • Not specifically a trade issue • Hazardous waste is a “good” – an article of trade

  16. Current Status MEAs & WTO • WTO Compliance Mechanisms Widely Used • MEAs Just Beginning to Focus • UNEP Guidelines and Manual • Failure of Doha Round • Increases Significance of Regional Trade Agreements

  17. An Environmental View of FTAs • NAFTA Citizen Submission Process Promotes Enforcement of Domestic Law • But no actual enforcement mechanism • Regional and Bilateral FTAs have Provided a Framework and Funds for Capacity Building • Judges, prosecutors, inspectors, customs officers

  18. An Environmental View of FTAs • Public Participation Lags Behind MEAs • Beginning to Bring Environmental and Trade Officials To the Same Table • Separate national implementers • Rarely meet internationally • Need for more

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