REVIEWING THE STATE OF SUSTAINABLE ENVIRONMENTAL PROTECTION IN THE WTO: SOME SIGNS OF A SLOW BUT PROGRESSIVE PARADIGM SHIFT

Abstract

There has been a gradual change and paradigm shift in the multilateral trade sphere regarding the links between trade, sustainable development and the environment. Sustainable environment is no longer outside the realm of the WTO. The preamble tothe Agreement Establishing the WTO has been expanded to include a specific commitment to sustainable development. The WTO approach to sustainable development seeks to balance economic development and environmental protection concerns. This approach is notable particularly in GATT Article XX, and in several of GATT’s associated agreements. The decisions of the WTO dispute resolution bodies also had some ramifications for the trade-environment link debate by stating that trade interests do not exist in clinical isolation to non-trade interests such as the environment. Nevertheless, there are several challenges to the trade-environmentinterface, which require reforms to achieve a more coherent and balanced approach to multilateral trade policy, environmental protection and sustainable development.