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Enforcement of
Trade-Related Environmental Obligation.
Objective: To address mechanisms
that are implemented to enforce trade-related environmental
obligations.
Overview: This module surveys and critically assesses domestic laws,
regulations, programs, and initiatives designed to enforce international
environmental obligations in the context of trade agreements. It focuses on issues related to enforcement
and compliance that must be considered in order to ensure that commitments
are justiciable and workable. In addition, the module will examine
relevant case law to show how various process and remedies available
in support of environmental governance. The impact of such case law on trade
and environment policy will be highlighted.
Lecturers:
Geoffrey Garver
Topics
covered include:
§
Domestic
environmental law
o Establishment of
required levels of
protection
§
Environmental enforcement programs
o Command and
control: penalties
o Assisted
compliance: incentives
§
Environmental governance and trade dispute settlement mechanisms
o Dispute settlement mechanisms
(WTO and RTAs)
o Public
participation and transparency
o Citizens submission
processes
Home
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Copyright |
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Required
Readings |
Enforcement of
MEAs,
Manual on Compliance with and Enforcement of Multilateral
Environmental Agreements, United Nations Environment Programme,
(2006), Chapter II, pp.299-635 (selected pages).
(inglés)
1
Building
an Effective Enforcement Program,
Principles of Environmental Enforcement, International
Network for Environmental Enforcement and Compliance (INECE) (1992), Chapter 10.
1
1
Administration
of Dispute Settlement Regimes in Free Trade Agreements,
Series on Successful Hemispheric Practices, Organization of American
States (2007), Report No. 4.
1
Garver,
Geoffrey,
Measuring Performance Through Independent Enforcement Review:
Challenges and Opportunities for Independent Reviewers, the Public
and the Governments and Other Institutions Subject to Review, (2005). |
Suggested Readings |
7
Identifying
the Regulated Community and Establishing Program Priorities,
Principles of Environmental Enforcement, International
Network for Environmental Enforcement and Compliance (INECE) (1992), Chapter 4.
4
GATT/WTO
Settlement Practice Relating to GATT Article XX, Paragraphs (b), (d)
and (g), The World Trade Organization, Committee on Trade and
Environment (2002).
Brazil
–
Measures Affecting Imports of Retread Tyres, Panel Report, World
Trade Organization (2007).
Kirton,
John, NAFTA
Dispute Settlement Mechanisms: An Overview,
paper presented at an Experts Workshop: NAFTA and its
Implications for ASEAN’s Free Trade Area, Asian Institute, Munk
Centre for International Studies, (2004).
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