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BUSINESS LAW: THE WORLD TRADE LAW Trade and Environment In recent years the relationship between international trade and environmental policies has attracted increasing attention. The potential for...

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BUSINESS LAW: THE WORLD TRADE LAW
Trade and Environment
In recent years the relationship between international trade and environmental policies has attracted increasing attention. The potential for conflict between environmental concerns and international trade is increasing. How we can balance the issues of trade liberalization and environmental issues is of significant concern for policy makers.
Please write an essay to discuss how WTO deals with environmental issues and what trade policy should Australia take to balance the interests between trade liberalization and environmental protection.
Student MUST refer to all of the following sources for research:
https:
www.wto.org/english/tratop_e/envir_e/envir_e.htm
http:
www.worldtradelaw.net
Student MAY refer to ALL or SOME of the following source pool for research.
The reference resource pool is given, students are UNABLE to use any other resources except the followings.
Matsushita, M, Schoenbaum, T & Mavrodis, The World Trade Organization: Law, Practice and Policy, (3rd ed, Oxford University Press, Oxford P 2015)
· Chapter 20, ‘Environmental Protection and Trade’ P715 – P768.
WTO and environment: Shrimp-Turtle and EC-hormones cases - Chimni, B. S (Chimni, B. S, 2000)
Simon Lester and Bryan Mercurio, World Trade Law, Hart Publishing (2008);
· Chapter 19, ‘Linkages between Trade and Social Policies’, P851-897.
Joseph Stiglitz “A New Agenda for Global Warming” 13 the Economist Voice at www.bepress.com/ev/vol13/iss7/art 3
“Massachusetts Burma Procurement Law Challenged at WTO” at http:
www.citizen.org/trade/article_redirect.cfm?ID=11103
B S Chimni “WTO and Environment: Shrimp-Turtle and EC-Hormones Cases” Economic and Political Weekly May 13, 2000 at http:
www.jstor.org/stable/4409297?origin=JSTOR-pdf
Carmen G Gonzalez “Institutionalizing Inequality: the WTO Agreement on Agriculture, Food Security, and Developing Countries” 27 Colum J Envtl L XXXXXXXXXX)
B Kingsbury, “The Tuna-Dolphin Controversy, the World Trade Organisation and the Liberal Project to Reconceptualise International Law” Yea
ook of International Environmental Law, XXXXXXXXXX)
R Stewart, “Environmental Regulation and International Competitiveness” 102 Yale Law Journal XXXXXXXXXX)
Joseph Stiglitz, “A New Agenda for Global Warming” XXXXXXXXXXVol 13, Issue 7 The Economists’ Voice Article 3
Cases:
United States-Restrictions on Imports of Tuna, 30 ILM XXXXXXXXXX)
United states-Restrictions on Imports of Tuna: Report of the Panel, GATT Doc DS29/R (WTO website)
United States-Import Prohibition of Certain Shrimp and Shrimp Products, WT/DS58/R XXXXXXXXXXWTO website)
IMPORTANT:
· Students must relate their topics to WTO rules or initiatives although no in-depth analysis of the rules is required;
· Some students are very “smart”, they were cited many high-quality references in the essay, however, the referenced content is FAKED, nothing relate to the original reference resource. Our academic staff will pay special attention on it.
· Some students like to counterfeit their own concepts and then cite real references in their essay, which is 100% false action and student academy apartment’s punishment will apply.
· Please use Harvard referencing style include in-text reference and put all of the reference lists in the end of the essay.
· Please use necessary references as much as possible to support your argument and points. As bachelor students, you do not have the ability to create any “concepts”, anything you have selected from above resources that should be cited the reference in your content and put the reference lists in the end of the essay A-Z.
· You MUST read lecture slide before you start your essay.
· Due date:
· Maximum length (excluding footnotes and bibliography) 2,500 words;
· Essay should be submitted via Gradebook;
· A penalty of 3% per day will be applied to late essays;
· A formal extension must be submitted on learnonline, and students are required to submit supporting documentation;
· Note: a copy of the Assessment Feedback sheet is attached here.
Attachment
Feedback form
         Assessment feedback
    Laws 3073 World Trade Law & Development Final Essay
NAME: …………………………………………………………………………….
STUDENT ID: ……………………………………………………..
    Key components of this assignment
    Comment by marke
    Engagement with the body of knowledge (Max 30 marks)
· A demonstrated understanding of international trade law sources
· Demonstrated skills in the interpretation and analysis of various sources of international trade law or demonstrated skills in the
    
    Clear and logical presentation of the facts and argument (Max 30 marks)
· Exercise has clear structure
· A capacity to critically evaluate the issues using various interpretations and analysis of the international trade law sources (i.e. it is well analysed, constructed and critical in its approach)
    
    Examiner’s comments on adequacy of spelling, grammar and referencing (5 marks )
    
    The Graduate qualities being assessed by this assignment are indicated by an X:
    X
    GQ1: operate effectively with and upon a body of knowledge
    GQ5: are committed to ethical action and social responsibility
    X
    GQ2: are prepared for lifelong learning
    X
    GQ6: communicate effectively
    GQ3: are effective problem solvers
    X
    GQ7: demonstrate an international perspective
    GQ4:can work both autonomously and collaboratively
    
    
Assignment grade/mark
Answered Same Day Aug 21, 2020

Solution

Sundeep answered on Aug 27 2020
153 Votes
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The year 1995 saw the emergence of WTO. The committee on the trade and environment was established based on the decision which was taken in the Uruguay round. One of the major aims of the team was to identify the connection between international environment of trade and relationships to promote development. The purpose of the meeting of committee people was the extension of the general agreement on Tariff and Trade (GATT) 1991.( Wto.org. (2018)
The expansion of trade and commerce which took place after the World War II is responsible for the growth in the global economy. This rise in the global economy scale has also led to increase in the global degradation, sea pollution, deforestation and also loss of biodiversity and climatic variations in negative way. Is the opening up and the expansion of the international trade in anyway accountable for the increase in the global ecological crisis?
Can the free trade, the global competition help to promote the environmental protection and can this help in the better use of the resources? Especially the scarce resources?
Links between international trade and environment
When an international trade happens, are the contracts in agreement with the environment protection or in violation of the environment protection acts? This question created wide debates between the environment campaigners, the academic scholars and the advocates. The question raised is that the liberalization of trade has affected the environment quality of a particular nation or the world? To counter argue this, the promoters of the liberalization movement says the first point that the liberalization has created positive environmental effects but some of these pose a serious threat to the liberal trade order and in contrast to these, the environmentalists argue that the major issues that are being faced by the world are majorly due to the free trade and the environment policy should have the capability to stop the free trade wherever required if it harms the environment quality.( Wto.org. (2018))
China on one hand has seen major rise in the air and water level pollution due to the increased export based economy. This has raised a major concern for the world economics since if the exports are leading to the pollution, the international trade may become very limited. But we can also see that the free trade i.e. the liberalization in the trade policy has lead to production of energy efficient products and the diffusion of the advanced technologies and standards throughout the industry. E.g. the chemical industries which are present all across the globe now use technology and machines which are top in class and adopt higher environmental standards than the national companies.
The environment protection acts can lead to rise in the disruption of international trade and often raise the acquisitions which have the hidden intent of protectionism. Many developing economies have used this method to blame the developed economies that they utilise the environmental laws in order to protect their goods against the foreign competition.
WTO Rules and Environmental Policies
The environmental policies and the rules that the WTO has laid down are aimed at protecting the environment and these come in various shapes and forms. In relation to the WTO rules it has been confirmed that the members can adopt the measures which are related to trade and are aimed at protecting the environment.
Multilateral Trading system and climate change
The climate change is one of the biggest sustainability challenge that the community has to tackle and the measures to tackle this issue has to be strong and has to be compatible to the international laws and the ambitions and the economic growth with the human advancement. Hence we have to find the solutions to the existing problems not only at the country level but also at the international levels.
The WTO is one part of the multilateral cooperation. It has the authority to device the framework to facilitate global trade and also helps as a medium where discussions on next trade can be talk over.
The issues related to the climate change are not a part of the ongoing programmes that the WTO has undertaken. There are no specific rules that apply to this situation of climate change due to international trade. However WTO is relevant in this scenario because the policies related to the weather change quantifies the policies and intersects with the global trade laws in multiple ways. The first consideration is to open up trade which can felicitate the movement and the mitigation of the climate change. An example of this would be to raise the standard of living of the individuals and hence they demand the better environment quality thus improvising the access to the better goods and...
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