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Mea Measures against Parties and Third Parties

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Chapter Summary

This chapter argues that existing World Trade Organizations (WTO) jurisprudence is adequate to resolve the General Agreement on Tariffs and Trade (GATT)-consistency of trade measures taken to address international environmental problems in multilateral environmental agreements (MEAs), whether against parties to the MEA or third parties. It also argues that the WTO should have jurisdiction to scrutinize the manner in which MEA trade measures are applied, in order to safeguard against abuse. The chapter shows that it is preferable to resolve WTO-MEA conflicts under existing WTO provisions, rather than introducing a conflicts clause. The relationship between existing WTO rules and specific trade obligations set out in MEAs. The chapter also shows how the criteria for defining MEAs in the Doha Round negotiations are generally relevant to determine how a given provision in a MEA might affect the interpretation of WTO provisions under the Vienna Convention.

Keywords: GATT; third parties; Vienna Convention; WTO-MEA conflicts



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