Law and Policy of International Trade and the Environment (LAWS0226)

Background

Since the 1992 UN Conference on Environment and Development, several international treaties and other legal documents have called for ‘mutual supportiveness’ between the international trade and environmental policies. And yet, the precise meaning and implications of ‘mutual supportiveness’ remain unclear. In fact, are the international trade and environmental regimes inherently in conflict? To the extent this is so, does ‘mutual supportiveness’ assist us in reconciling existing tensions? And if it does not, how should we reconcile competing trade and environmental objectives and who should undertake such a reconciliatory or balancing exercise? The module will give students the opportunity to explore and critically evaluate these contentious issues, through an in-depth analysis of prominent environmental measures or principles and their relationship with relevant WTO rules.

Structure

The aim of this module is to equip students with advanced knowledge and critical understanding of the growingly complex interplay between international trade law and environmental law. It will begin with an introduction to the underlying normative framework on mutual supportiveness between international trade and environmental policies. Thereafter, each of the nine substantive seminars will select a contemporary environmental issue and critically examine its relationship with WTO rules. By bringing together students from the different specialisms within one classroom, the module seeks to encourage mutual learning and constructive exchange on the heated ‘trade-and-environment’ debate.

Objectives

Upon completion of this course, students should have acquired:

1. An in-depth knowledge and understanding of the key aspects of the interaction between international trade law and environmental law and policy; 
2. A critical awareness of the broader normative framework on ‘mutual supportiveness’ between international trade and environmental policies;
3. An ability to critically assess whether genuine clashes exist (or not) between international trade law and environmental protection objectives, and to think constructively about possible legal and policy avenues for resolving identified conflicts;
4. An ability to conduct independent research, to synthesise and analyse a variety of relevant primary and secondary sources, and to articulate, sustain and defend a line of argument.

Module syllabus

This module is subject to change.

Indicatively, the module will cover the following seminar topics:

1. Introduction to the Course/Introduction to the ‘Trade-and-Environment’ Debate
2. The MEA/WTO Relationship
3. Emissions Trading System and GATT
4. Biofuels Sustainability and GATT/TBT Agreement
5. Environmental Labelling and TBT Agreement
6. Precautionary Principle and SPS Agreement
7. Renewable Energy Subsidies and SCM Agreement
8. IUU Fishing Subsidies and SCM Agreement
9. Biodiversity and TRIPS Agreement
10. Beyond the WTO: Environmental Chapters in Free Trade Agreements

Recommended materials

Individual seminar reading lists and other module materials will be provided via online module pages, once students have made their module selections upon enrolment. 

Preliminary reading

As an introduction to the module, students are recommended to read:

• S. Charnovitz, ‘An Introduction to the Trade and Environment Debate’ in K. P. Gallagher (ed), Handbook on Trade and the Environment (Edward Elgar Publishing, 2008);
• P. Sands and J. Peel, Principles of International Environmental Law (Cambridge University Press, 4th edition, 2018), Chapter 18.

Key information