Abstract
The objective of this study is to explore the application of trade-related environmental measures in Malaysia. Trade-related environmental measures are environmental measures that were invoked which may have an effect on international trade. These measures can be in the form of tariff and non- tariff. As a member of the World Trade Organization (WTO), Malaysia is compelled to apply and implement the environmental provisions of the General Agreement of Tariff and Trade (GATT) and the WTO agreements. However, the ability to fully comply with these agreements needs to be determined as Malaysia’s effort in environmental protection could affect its international trading. In this study the analysis was on Malaysia’s domestic legislations; the GATT, especially Article XX; WTO agreements such as the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS), the Agreement on Technical Barriers to Trade (TBT) and the WTO Dispute Settlement Body decided cases. Secondary data such as journal articles were referred. It is expected that this study could assist in determining the efforts made by Malaysia in finding a balance between international trade and environmental protection.
Highlights
The relationship between development and environmental protection has been examined since the 1970s
Malaysia has tried to comply with the environmental measures taken out by other states and sacrificed its trade for the sake of environmental protection
In the case of the United States-Import Prohibition of Certain Shrimp and Shrimp products, Malaysia has to adhere to the decision of the Panel where it was decided that Article XX did not require the United States to conclude an international agreement before imposing its unilateral measure and that the exporting states only need to adopt a conservation program that suited their local environment which could preserve the product concerned
Summary
The relationship between development and environmental protection has been examined since the 1970s. The United Nations has held two major conferences on. The first one was the 1972 United Nations Conference on Human Environment (UNCHE) which adopted the Stockholm Declaration. The second was the United Nations Conference on Environment and Development in 1992. This conference adopted the Rio Declaration and this was the first step taken by the global community to explore the means for environmental protection. With respect to international trade, the authorities that need to look into the effect of environmental protection are the 1994 General Agreement on Tariff and Trade (GATT) and the World Trade Organization (WTO) agreements. The preamble of the Marrakesh Agreement Establishing the World Trade Organization (WTO) states that:
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