Khanum, Farjina
The relationship between the rules of the multilateral trading system and the trade provisions contained in Multilateral Environmental Agreements (MEAs)
This project covers two distinct but inter-related bodies of international law i.e. International Trade Law and International Environmental Law. The main research question will be ‘what is the authority and limits of MEAs to apply trade measures and their interaction with the WTO rules?’.
A critical issue in the trade and environment debate is the relationship between WTO rules and STOs set out in MEAs. Trade-related environmental measures (TREMs) are authorized or required under multilateral environmental agreements. However, the relationship between TREMs under the MEAs and the WTO rules is multipart.
Trade law is embodied in such structures as the WTO and regional trade agreements. Environmental law is embodied in the various MEAs, the regional agreements, and as national and sub-national regulations. At times, the provisions of environmental regulation -- in particular those embedded in the various MEAs -- would interact, and may even be in disagreement with the rules and principles of the multilateral trading system established by the WTO as well as regional agreements. As a result, it is inevitable that these two systems of law should interact and the interrelationship between international trade and environmental protection is becoming increasingly important – and controversial.
Although the DMD calls for negotiations on the relationship between existing WTO rules and specific trade obligations set out in MEAs, many observers have noted that it will be difficult to accomplish much of an outcome with the DMD’s self-limiting mandate. The Doha Mandate seems to be very limited in its basis, which only address a small piece of the problem, which is not adequate basis for a comprehensive interpretation. The most difficult issue, which is not addressed in the WTO-MEA relationship, is the use of MEA trade measures that affect non-parties to those MEAs, where those MEA non-parties are members of the WTO.
The WTO Committee on Trade and Environment (CTE) has not successfully addressed even its limited mandate concerning MEAs. It has mainly been focussing on definitional questions relating to "specific trade measures", which have also proven very controversial. This PhD research will examine all these issues.
Professor Mary Footer and Mr Michael Bowman
Centre for Environmental Law Scholarship & Self
Academic Qualification
|
Awarding Institution
|
|
LLB Honours
|
University of Dhaka, Bangladesh
|
|
LLM
|
University of Dhaka, Bangladesh
|
|
LLM International and Commercial Law
|
University of Sheffield
|
Enrolled advocate in Dhaka Bar Council.