ABSTRACT

This chapter analyses recent decisions of the World Trade Organization (WTO) Dispute Settlement Body (DSB) which directly impact four variations on the theme of sustainable development: the duty of States to ensure sustainable use of natural resources; the principle of precautionary approach to human health, natural resources and ecosystems; the principle of common but differentiated responsibilities; the principle of integration and interrelationship, in particular in relation to human rights and social, economic and environmental objectives. Known as the "Tuna-Dolphin I" case, General Agreement on Tariffs and Trade (GATT) 1947 Panel report drew heavy criticism from environmental groups under the impression that trade rules thwarted environmental protection. The WTO Appellate Body overturned the conclusions of Tuna-Dolphin case in respect of GATT Article XX(g) in two cases known as "Gasoline" and "Shrimp-Turtle I". The principle of common but differentiated responsibilities is seen as finding its equivalent in the Special but Differentiated Treatment provisions of nearly all WTO Agreements.