The Study of Environmental Cases in World Trade Organization

Background: For the last decades, following an increase in environmental crises, the protection of the environment has been one of the greatest concerns for human beings. Despite the primary objective of the World Trade Organization (WTO) being the promotion of free trade, the severe destruction of the environment due to business activities has forced us to put forward this case in the WTO. As the most significant and influential international organization, the WTO plays a great role in international trade. Sustainable development and protection and preservation of the environment are fundamental goals of the WTO. These objectives, enshrined in the Marrakesh Agreement that established the WTO, complement the WTO’s mission to reduce trade barriers and eliminate discriminatory treatment in international trade relations. While the WTO lacks a specific agreement dealing with environmental issues, its members can adopt trade-related measures aimed at protecting the environment, subject to fulfilling specific conditions to avoid the misuse of such measures for protection purposes. The WTO contributes to the protection and preservation of the environment through its objective of ensuring sustainable development, its rules and mechanism for enforcement, and its work in different WTO bodies. Methods: The present study employed approach was to use related articles in Google Scholar and Magiran and records and agreements in WTO to examine environmental cases. Results: The cases analyzed in this study were the following: the gas case with the old and new formula (the US-Gas), the case of the European Union (fireproof cotton), and the case of the turtles and shrimp fishing. Conclusion: The results showed that although the WTO has achieved some environmental milestones, it has not been sufficiently effective in resolving the environmental challenges caused by energy trade.

کلیدواژه ها:

GATT ، Environmental crises ، Appeal body ، WTO ، Agreement