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The Framework For Environment And Trade Disputes

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Chapter Summary

The legal regimes for environmental protection and for liberal trade have developed on separate tracks and at different time periods. Since many of the clashes between environment and trade may need to be resolved through formal or informal dispute resolution procedures, it is useful to examine the sharply different procedures that have been used in the two bodies of law. Arguably, procedures for resolving disputes have been important for both trade and environmental law. However, formal procedures have been frequently used in the trade field, but rarely used for international environmental disputes, even if they are included in the treaties. An important and puzzling concept for the relationship of environmental and trade policies is the distinction between product characteristics and process characteristics. From the environmental perspective, the process for producing a product is very often more important than the product.

Keywords: dispute resolution procedures; environmental law; international environmental disputes; legal regimes; liberal trade; process characteristics; product characteristics



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