Environment and Trade Matters under GATT Article XX

9 Pages Posted: 18 Jul 2011

See all articles by Dr. Asif Khan

Dr. Asif Khan

Bahria University - Bahria University, Islamabad; University of Malakand; University ofSalzburg

Date Written: July 16, 2011

Abstract

The relationship of trade with environment is not direct; however article XX of the GATT have served as a guardian of environment. However, only article XX in GATT is not termed as sufficient for the furtherance of this cause. Thus the issue of environmental protection through trade embargoes on the defaulter states is contentious. The Pre-WTO approach was different from the Post-WTO approach to protect environment. Thus; this article examines the difference of approach towards environmental protection by the Pre and Post WTO panels. Different cases in this regard are examined; analysing these issues gives us an idea of how environment and trade matters are addressed by GATT and WTO panels and the suitability of Article XX of GATT in this regard.

Keywords: GATT Article XX, Environment and Trade, WTO

Suggested Citation

Khan, Asif, Environment and Trade Matters under GATT Article XX (July 16, 2011). Available at SSRN: https://ssrn.com/abstract=1887205 or http://dx.doi.org/10.2139/ssrn.1887205

Asif Khan (Contact Author)

Bahria University - Bahria University, Islamabad ( email )

Islamabad
Pakistan

University of Malakand ( email )

Chakdara Dir (lower)
N.W.F.P 42000
Pakistan

University ofSalzburg ( email )

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