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Multilateral Environmental Agreements in the WTO: Silence Speaks Volumes

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  • Horn, Henrik

    ()
    (Research Institute of Industrial Economics (IFN))

  • Mavroides, Petros C.

    (EUI, Florence)

Abstract

This study contributes to the debate concerning the appropriate role of multilateral environmental agreements (MEAs) in in WTO dispute settlement. Its distinguishing feature is that it seeks to address this relationship in light of the reason why the parties have chosen to separate their obligations into two bodies of law without providing an explicit nexus between them. The basic conclusion is that legislators’ silence concerning this relationship should speak volumes to WTO adjudicating bodies: MEAs should not be automatically understood as imposing legally binding obligations on WTO Members, but could be used as sources of factual information.

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Bibliographic Info

Paper provided by Research Institute of Industrial Economics in its series Working Paper Series with number 983.

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Length: 23 pages
Date of creation: 07 Oct 2013
Date of revision:
Handle: RePEc:hhs:iuiwop:0983

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Postal: Research Institute of Industrial Economics, Box 55665, SE-102 15 Stockholm, Sweden
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Keywords: settlement; Environmental agreements; WTO; Dispute;

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  1. Lisandro Abrego & Carlo Perroni & John Whalley & Randall M. Wigle, 1999. "Trade and Environment: Bargaining Outcomes from Linked Negotiations," CSGR Working papers series 27/99, Centre for the Study of Globalisation and Regionalisation (CSGR), University of Warwick.
  2. Inderst, Roman, 2000. "Multi-issue Bargaining with Endogenous Agenda," Games and Economic Behavior, Elsevier, vol. 30(1), pages 64-82, January.
  3. Paola Conconi & Carlo Perroni, 2001. "Issue Linkage and Issue Tie-in in Multilateral Negotiations," CESifo Working Paper Series 601, CESifo Group Munich.
  4. Limao, Nuno, 2005. "Trade policy, cross-border externalities and lobbies: do linked agreements enforce more cooperative outcomes?," Journal of International Economics, Elsevier, vol. 67(1), pages 175-199, September.
  5. Steve Charnovitz, 2007. "The WTO's Environmental Progress," Journal of International Economic Law, Oxford University Press, vol. 10(3), pages 685-706, September.
  6. Abrego, Lisandro, et al, 2001. "Trade and Environment: Bargaining Outcomes from Linked Negotiations," Review of International Economics, Wiley Blackwell, vol. 9(3), pages 414-28, August.
  7. Barrett, Scott, 1997. "The strategy of trade sanctions in international environmental agreements," Resource and Energy Economics, Elsevier, vol. 19(4), pages 345-361, November.
  8. Segal, Ilya, 1999. "Complexity and Renegotiation: A Foundation for Incomplete Contracts," Review of Economic Studies, Wiley Blackwell, vol. 66(1), pages 57-82, January.
  9. Busch, Lutz-Alexander & Horstmann, Ignatius J, 1997. "Bargaining Frictions, Bargaining Procedures and Implied Costs in Multiple-Issue Bargaining," Economica, London School of Economics and Political Science, vol. 64(256), pages 669-80, November.
  10. Ignatius J. Horstmann & James R. Markusen & Jack Robles, 2005. "Issue Linking in Trade Negotiations: Ricardo Revisited or No Pain No Gain," Review of International Economics, Wiley Blackwell, vol. 13(2), pages 185-204, 05.
  11. Wilfred J. Ethier, 2004. "Political Externalities, Nondiscrimination, and a Multilateral World," Review of International Economics, Wiley Blackwell, vol. 12(3), pages 303-320, 08.
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