The World Trade Organization and Law Enforcement

Abstract

Increased threats from transborder criminal activity are leading to stronger governmental and intergovernmental responses in the military, judicial, and regulatory arenas. These efforts, particularly the non-military efforts, raise a new issue in international economic law: the intersection between trade and law enforcement. This paper provides an overview of this “trade and law enforcement” linkage in four areas: (1) security, (2) health, (3) human rights, and (4) environmental protection.

To explain the linkage between trade and law enforcement, I present the taxonomy of how trade measures are usable for law enforcement, and I offer a synopsis of the WTO provisions relevant to law enforcement and national security. I also examine the ways that law enforcement efforts might infringe WTO rules. Finally, I discuss new approaches for the WTO to promote law enforcement objectives.

Keywords: World Trade Organization, WTO, law enforcement, transborder criminal activity, security, health, human rights, environmental protection

JEL Classification: F10, K33