Environmental Law, Policy and Governance Program

• Home
• Goal
• Mission-Framework
• Mandates
• Ministerial Meetings

Past Projects

• Environmental Assessments and Capacity Building for Trade Liberalization in the Americas
• Trade and Environment in the Americas Project
• Caribbean Emergency Legislation Project
• Cleaner Production
• Human Rights and Environment

Resources

• Publications
• FIDA Network
• Gender
• Public Participation
• Courses
• Media Center
• Environmental Law Advisory Group
• Green Initiatives

Module IV: Enforcement of Trade Related Environmental Obligations

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.  This module focuses on issues related to enforcement and compliance that must be considered in order to ensure that commitments are justifiable and workable. In addition, this 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.

Lecturer: Davis Jones, Sarah Stewart

Presentation: Module IV

Topics covered in this module include:

• Domestic environmental law

o Establishment of required level 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

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)

• Building an Effective Enforcement Program, Principles of Environmental Enforcement, International Network for Environmental Enforcement and Compliance (INECE) (1992), Chapter 10.

• Busch, Mark L. and Eric Reinhardt, The WTO dispute settlement mechanism and developing countries, Swedish International Development Cooperation Agency, Trade Briefs, (2004).

• Administration of Dispute Settlement Regimes in Free Trade Agreements, Series on Successful Hemispheric Practices, Organization of American States (2007), Report No. 4. 

• 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:

• Full Text of the UNEP Guidelines on Compliance with and Enforcement of Multilateral Environmental Agreements, Manual on Compliance with and Enforcement of Multilateral Environmental Agreements, United Nations Environment Programme (2006), Annex I, pp.661-676.

• Identifying the Regulated Community and Establishing Program Priorities, Principles of Environmental Enforcement, International Network for Environmental Enforcement and Compliance (INECE) (1992), Chapter 4.

• Evaluating Program Success and Establishing Credibility, Principles of Environmental Enforcement, International Network for Environmental Enforcement and Compliance (INECE) (1992), Chapter 9.

• 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).
   

Previous Module | Next Module

Copyright