TY - JOUR
T1 - Enforcing ‘purely’ environmental obligations through international trade law
T2 - A case of the CPTPP’s fisheries subsidies
AU - Jung, Haneul
AU - Jung, Nu Ri
N1 - Publisher Copyright:
© 2019 Kluwer Law International BV, The Netherlands.
PY - 2019
Y1 - 2019
N2 - Several free trade agreements extend their dispute settlement mechanisms to environmental obligations that ‘affect trade or investment’ between contracting parties. The recently concluded Comprehensive and Progressive Agreement for Trans-Pacific Partnership (‘CPTPP’) takes such attempt to the next level by extending its dispute settlement mechanism even to a measure that does not necessarily affect trade or investment between the contracting parties. Unfortunately, however, the conventional trade dispute settlement mechanisms are not designed to enforce obligations that are ‘purely environmental’ in nature, and as such, do not lend effective mechanisms to enforce such obligations. After briefly introducing the evolution of the trade-environment convergence in international law, this article observes systemic limitations of the conventional trade dispute settlement mechanisms in enforcing purely environmental obligations through an analysis of the CPTPP’s rules on fisheries subsidies. Thereafter, this article proposes certain modifications to the conventional trade dispute settlement mechanisms for effective enforcement of purely environmental obligations.
AB - Several free trade agreements extend their dispute settlement mechanisms to environmental obligations that ‘affect trade or investment’ between contracting parties. The recently concluded Comprehensive and Progressive Agreement for Trans-Pacific Partnership (‘CPTPP’) takes such attempt to the next level by extending its dispute settlement mechanism even to a measure that does not necessarily affect trade or investment between the contracting parties. Unfortunately, however, the conventional trade dispute settlement mechanisms are not designed to enforce obligations that are ‘purely environmental’ in nature, and as such, do not lend effective mechanisms to enforce such obligations. After briefly introducing the evolution of the trade-environment convergence in international law, this article observes systemic limitations of the conventional trade dispute settlement mechanisms in enforcing purely environmental obligations through an analysis of the CPTPP’s rules on fisheries subsidies. Thereafter, this article proposes certain modifications to the conventional trade dispute settlement mechanisms for effective enforcement of purely environmental obligations.
UR - http://www.scopus.com/inward/record.url?scp=85086251856&partnerID=8YFLogxK
M3 - Article
AN - SCOPUS:85086251856
SN - 1011-6702
VL - 53
SP - 1001
EP - 1020
JO - Journal of World Trade
JF - Journal of World Trade
IS - 6
ER -