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RULE-BASED DECISION MAKING AND ITS APPLICABILITY TO ENVIRONMENTAL-RELATED TRADE DISPUTES IN THE WORLD TRADE ORGANISATION (WTO)

    https://doi.org/10.1142/S1464333200000060Cited by:0 (Source: Crossref)

    How environmental-related trade disputes are handled within the WTO have become the subject of increasingly intense debate amongst environmentalists. This paper considers whether the process used in dispute settlement is appropriate for environmental-related cases, given their complex nature. The paper looks at the adequacy of the current approach in terms of the extent to which dispute decisions can be seen to meet the main WTO objectives of maximisation of economic welfare — a concept that requires recognition of social and environmental costs and values. The author suggests an alternative approach, using a comprehensive data analysis framework, and shows that such an approach is not in evidence currently. While such an approach is considered as a conceptually ideal method for analysis, a number of practical limitations to its implementation are noted.

    In this paper reference is made to "GATT", "WTO" and "GATT/WTO". "GATT" is used where the fact relates to the organisation pre-1995, "WTO" to post-1995 and "GATT/WTO" where the facts or situation is applicable in the pre- and post-1995 situations.