The Conflict and Integration of Environmental Law and Commercial Law: Exploring Environmental Responsibility in International Trade
DOI:
https://doi.org/10.54097/1h93mp43Keywords:
International trade; environment; WTO; Carbon Border Adjustment Mechanism.Abstract
The nexus between international trade and environmental protection is complex and of great significance. Policymakers, including the World Trade Organization (WTO), aim to combine the two targets within the sustainable development framework. However, deficiencies such as the vague environmental exception clauses persist in the environmental legal framework. This paper seeks to solve the contradictions in the current legal framework and enhance the uniformity of international trade and environmental agreements. It will first demonstrate the current dilemma of environmental responsibility in international trade, particularly examining the strengths and limitation of the WTO law in resolving these conflicts. The discussion will then compare the landmark Shrimp-Turtle case with the recent European Union’s Carbon Border Adjustment Mechanism (CBAM) and analyze the historical challenges these cases highlight. Ultimately, this paper aims to offer suggestions to improve the legislative framework for international environmental responsibility in trade, and to achieve its enforcement more effectively.
Downloads
References
[1] Soorya S. International Trade and Environment under WTO and GATT. Indian Journal of Law and Legal Research, 2022-2023,4: 1-11.
[2] Aderonke Abimbola Ojo and Tosin Ezekiel Ayo. Examining the Overlap between Environmental Protection and International Trade Instruments. Journal of Law, Policy and Globalization, 2021, 108: 31-42.
[3] Leona. International Trade and the Environment: An Outright Concern of the WTO. International Journal of Law Management & Humanities, 2023: 330-339.
[4] Xiao Zhu. Part on Ecological and Environmental Responsibility of China's Environmental Code: Comparative Law Referencing and Compilation Philosophy. Frontiers of Law in China, 2022, 17(2): 288-308.
[5] Teng Fei, Sun Yuling, Qu Jiansheng. Analysis and Implications from the First Stocktake Report Series Towards the Paris Agreement Goals. World Sci-Tech R&D, 2024: 1-9.
[6] Rafael Leal-Arcas, Manuliza Faktaufon, Raphael Ribeaud, Rojae Brown, Kaushal Prakash. International Trade, Energy Transition and Climate Change Obligations: The Perspective of Small Pacific Islands and the Caribbean Community. Trade, Law and Development, 2021, 13(2): 198-263.
[7] Shao Lili. The Establishment of “Shared Responsibilities” for International Carbon Emission Governance in the Context of Carbon Neutrality--The Predicaments in the Doctrine of Common but Differentiated Responsibilities and the Solution. Political Science and Law, 2022, 2: 30-43.
[8] Wang Dong, Xu Xiangming. Research on the Path of Sovereignty Regulation in International Environmental Law: From Transferring Sovereignty to Accepting Constraints. Academic Exploration, 2023: 51-58.
[9] Maureen Ngozi Agbasi. E-Waste: Strategies to Protect Public Health and Environment. Law and Social Justice Review, 2021, 2(2): 42-49.
[10] Gracia Marin Duran. Securing Compatibility of Carbon Border Adjustments with the Multilateral Climate and Trade Regimes. International Comparative Law Quarterly, Cambridge University Press, 2023, 72(1): 73-103.
Downloads
Published
Issue
Section
License
Copyright (c) 2024 Journal of Education, Humanities and Social Sciences
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
