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Greening the WTO's Disputes Settlement Understanding: Opportunities and Risks

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    Abstract

    It is reasonable to ask whether the WTO’s rules may hamper the ability of national and sub-national governments to be genuine pacesetters in environmental law making. Environmentalists consider that the WTO’s disputes panels may encourage governments to converge to the relevant international standard for a particular risk regulation because such uniformity is likely to reduce the incidence of trade disputes. Proposals that go beyond environmental advocacy and greater transparency in the WTO’s disputes settlement process—changes such as a weakening of the sound science requirement and incorporating stronger forms of the precautionary principle into WTO agreements on biosecurity laws—reduce due process safeguards against disguised regulatory protectionism in New Zealand’s agricultural export markets.

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    File URL: http://www.treasury.govt.nz/publications/research-policy/wp/2001/01-28/twp01-28.pdf
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    Bibliographic Info

    Paper provided by New Zealand Treasury in its series Treasury Working Paper Series with number 01/28.

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    Length: 28 pages
    Date of creation: 2001
    Date of revision:
    Handle: RePEc:nzt:nztwps:01/28

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    Postal: New Zealand Treasury, PO Box 3724, Wellington, New Zealand
    Phone: +64-4-472 2733
    Fax: +64-4-473 0982
    Web page: http://www.treasury.govt.nz
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    Related research

    Keywords: World Trade Organization; trade disputes; environment; conservation; New Zealand;

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    1. Kym Anderson, 1996. "Social Policy Dimensions of Economic Integration: Environmental and Labour Standards," NBER Working Papers 5702, National Bureau of Economic Research, Inc.
    2. Wallace E. Oates, 1999. "An Essay on Fiscal Federalism," Journal of Economic Literature, American Economic Association, vol. 37(3), pages 1120-1149, September.
    3. Sykes, Alan O, 1999. "The (Limited) Role of Regulatory Harmonization in International Goods and Services Markets," Journal of International Economic Law, Oxford University Press, vol. 2(1), pages 49-70, March.
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