The WTO and International Environmental Law: Towards Conciliation

Is it realistic to expect that wealth can continue to be generated through trade and industrial development, without bringing the earth to the brink of ecological ruin? This book critically examines the relationship between the powerful new system of international trade, which has come into being following the WTO agreements, and international law, in particular their areas of overlap, and actual, as well as, potential conflict. It also focuses on the trade/environment debate and developing nations. The consequence of the WTO agreements has been the unprecedented formalization and institutiuonalization of international economic relations and activities into a multilateral system. The WTO has also brought into being mechanisms to monitor compliance with the agreements. Meanwhile, over the years, norms of international environmental law have also evolved at both international and regional levels through Multiateral Environmental Agreements. Anupam Goyal argues that these two aspects of contemporary international law can be harmoniously construed. On the basis of a rigorous analysis of the basic principles of international law, the reasoning, and decisions of international judicial panels and courts, he shows that it is possible to make the rules under international trade law and environmental law compatible. The volume also contains an extensive discussion on current legal issues connected to Intellectual Property Rights, genetic diversity, geographical indicators, and traditional knowledge. Of particular interest is the section on legal tussles involving India on basmati rice, neem, and turmeric. This book will interest scholars and students of international law, trade and economics, environmental researchers, activists, policy makers, and lawyers advising on international trade, patents, and environmental law issues.