ABSTRACT

In the early 1990s the world’s attention was brought to the clash of ideals presented by the trade and environment regimes. This clash was illustrated by the 1991 dispute in the GATT between Mexico and the United States over the US ban on Mexican tuna whose harvest incidentally killed dolphins. The manner in which the case was decided by the GATT panel alarmed environmental experts and brought the trade and environmental debate to the top of the agenda of many international institutions. The 1992 United Nations Conference on Environment and Development (UNCED) made recommendations on the relationship between international trade and environmental protection, and the new World Trade Organization (WTO) was assigned a Committee on Trade and Environment (CTE) to examine the relationship and make recommendations on appropriate modifications of the trade rules, as necessary. The political rise of environmental protection concerns took the WTO by surprise. At the national level, protection of the environment has become an important public policy concern, and the development of new instruments of environmental policy is touching on matters addressed by international trade rules. At the same time there has been rapid increase in the number and range of international environmental treaties.