Twenty-eight years after the emergence of the World Trade Organisation (WTO) regime, the trade-environmental protection relationship seems to have achieved some harmonisation from an initial chequered one, though not without some forms of lopsided balancing of the variables. This chapter explores the relationship between international trade and the environment, revealing whether the competing values are balanced. The methodology adopted is doctrinal, with a comparative and analytical approach involving desk and library research. The chapter is bifurcated into six parts, commencing with an introduction in the first: the second fleshes out international environmental agreements relevant to the trade-environment interaction. The third part examines principles of international environmental law. The chapter examines unilateral trade measures in the fourth part. The fifth part takes stock of WTO jurisprudence. While considerable efforts have been made to mainstream environmental protection into trade objectives through the WTO jurisprudence, there remain some forms of market failures, making the trade-environment relationship lopsided, with inadequate attention given to the environment, which brings to fore the need to revisit David Hunter’s metaphoric invisible elbow (trade) destroying the common goods (environment) created by an invisible hand (nature).
Biodiversity; Environmental protection; International trade; Climate change; International environmental law; World Trade Organisation Laws; International environmental agreements
Peter N. Komiti, ‘International Trade and Environmental Protection: Revisiting David Hunter’s “Invisible Elbow Destroying the Common Goods Created by an Invisible Hand” in Hasrat Arjjumend (ed), Advances in Environmental Law (TGI Books/ The Grassroots Institute, Montreal/Vancouver, Canada, 2024), pp. 183-208. ISBN: 978-1-7778455-2-0. https://doi.org/10.33002/enrlaw-333/c7
Open Access. Copyright © 2024 the author(s), published by TGI Books/ The Grassroots Institute. This work is licensed under the Creative Commons Attribution- Non Commercial - No Derivatives 4.0 International License. This work was first published as an article in the JELP journal of the same publisher with Doi: https://doi.org/10.33002/jelp030303. This Chapter is the revised 2nd edition.
Edited by Dr. Hasrat Arjjumend
Open Access
"Advances in Environmental Law" is a ground-breaking exploration of the ever-evolving field of environmental jurisprudence, providing a comprehensive examination of key themes such as Environmental Law, Climate Law, European Law, Globalization, Indigenous Peoples, Right to Clean Environment, Environmental Litigation, Clean Energy, Sustainable Development, and Environmental Policy. Authored by leading experts in the field, this book serves as a vital resource for legal professionals, policymakers, academics, and anyone passionate about the intersection of law and environmental sustainability.
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Arjjumend, H. (ed.) (2024). Advances in Environmental Law. Montreal/Vancouver, Canada: The Grassroots Institute, ISBN: 978-1-7778455-2-0. Doi: https://doi.org/10.33002/enrlaw-333