| Abstrakt: |
The relationship between environment and trade is gradually regaining prominence on the international scene, but this relationship is not a trivial one. The environment originated in international law initially in non-binding declarations, and treaties, producing effects for the signatory parties only. Today, it is discussed whether the environmental concern would also be evolving into a custom widely accepted by the international community. The World Trade Organization (WTO) rules allow environmental requirements to be used as exceptions to trade rules if they do not consist of arbitrary and discriminatory measures. However, these exceptions are not always clear, and may camouflage protectionist measures, raising questions, especially now with many trade initiatives under discussion in the European Union (EU), such as the recent restrictions on products from deforestation, carbon taxes for imported products and anti-green washing methods. The WTO dispute body has ways of interpreting trade agreements, considering trade treaties, as well as other sources of international law, including customs. Additionally, the International Court of Justice (ICJ) has a central role in approaching these pressing new issues. Therefore, the evolution of environmental principles into a custom of international law is key and can help to incorporate the environment into the commercial agenda, which is gaining increasing momentum. The purpose of this study is to analyse the relationship between how environmental issues are addressed in the WTO, and how the environment is evolving from a range of non-binding principles to a custom widely accepted by the international community [ABSTRACT FROM AUTHOR] |
