International Trade and the Protection of the Environment

This book offers a legal analysis of the conflict between globalization, free trade, and environmental protection, addressing critical issues for the twenty-first century.

This insightful work examines the complex interplay between globalization and the escalating tensions between free trade and environmental protection. International Trade and the Protection of the Environment delves into both national and international legal frameworks, exploring what may emerge as the new legal order of the twenty-first century. The author presents a thorough legal analysis that sheds light on the implications of current trade agreements and environmental regulations.

The book poses critical questions regarding the potential for 'measures tantamount to expropriation' to instigate a 'regulatory chill' on environmental protection efforts. It also investigates the avenues for claims in UK courts based on alleged breaches of international law. Through this exploration, International Trade and the Protection of the Environment offers a platform for understanding the legal challenges and opportunities that arise in the context of environmental advocacy and trade.

Additionally, the author provides a well-rounded commentary on the ongoing debates surrounding genetically modified organisms (GMO) and the recent WTO ruling in the EC-Biotech dispute. The text also contrasts the treatment of expropriation under NAFTA with that of bilateral investment treaties, alongside an examination of human rights implications in environmental damage claims against multinational corporations, particularly in the context of the US legal system. This book serves as an essential resource for postgraduate law students engaged in international and commercial law studies.