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Chapter Summary

Trade lawyers and environmental lawyers have irreconcilable opinions regarding the proper treatment of environmental trade measures. International relations specialists engage in passionate debates over pros and cons of unilateralism and multilateralism. The rich jurisprudence of the World Trade Organization (WTO) has a key role to play with respect to the integration of different streams of international law. The customary rules of interpretation of public international law of the Vienna Convention oblige the WTO to consider the wider body of general international law in interpreting own rules. The necessity doctrine provides a coherent framework in which to resolve the issue of where to draw the line between the jurisdiction of one state and another state when they overlap, in the absence of an international agreement. The task of the WTO judiciary is to clarify the provisions of WTO agreements in accordance with the customary rules of interpretation of public international law.

Keywords: environmental trade measures; international law; multilateralism; unilateralism; Vienna Convention; World Trade Organization (WTO) law



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