ABSTRACT

This chapter explores the interrelationship between multilateral environmental agreements (MEAs) and the multilateral trading system (MTS), the complex of trade agreements centred around the General Agreement on Tariffs and Trade (GATT) and overseen by the World Trade Organization (WTO). The experience of three of the major MEAs concerned – Convention on International Trade in Endangered Species, the Montreal Protocol and the Basel Convention – shows the value of trade measures. Since there has never been a dispute case brought before a GATT or WTO panel involving an MEA trade measure, it is impossible to say for certain whether it would be found to be incompatible with the MTS. One possible method is a 'listing' of those particular MEAs whose provisions are deemed to be compatible with the MTS. The Millennium Round offers an excellent opportunity for the resolution of the potential conflict between the MTS and MEAs with trade provisions.