In the
Desombre and Barkin's article the authors discussed cases in which the US tried
to unilaterally use trade restriction as a means to enforce its environmental
policies and in doing so they analyze the relationship between trade and
environmental policy
Although the first US attempts of using trade as a means to enforce environmental policy were met with rejection by the World Trade Organization, such cases (Sea Turtles and Dolphins) were essential in establishing precedents for how the WTO, a trade organization, could be essential in the environmental debate.
Although the first US attempts of using trade as a means to enforce environmental policy were met with rejection by the World Trade Organization, such cases (Sea Turtles and Dolphins) were essential in establishing precedents for how the WTO, a trade organization, could be essential in the environmental debate.
Such
precedents, one could argue, are essential in establishing the role of the WTO
as an organization with an enough teeth to make sure that environmental regimes
involving trade restrictions are successful. One could also argue that because
trade restrictions are such a compelling tool in ensuring that countries comply
with environmental policy, that there is no need to create an entirely new
international organization to deal with environmental issues.
The usual
critique of environmental regimes, such as the Kyoto protocol, is that they
lack enough power to force countries into complying with its provisions. Countries
are either giving to much freedom in how they implement environmental policies
envisioned in the regimes, or they are given too much freedom of
interpretation. The result is that countries might even agree to become part of
the talks, but eventually they might just back out. A more stern approach would
be necessary to ensure that countries not only agree to be a part of the
regimes, but that they actually do that which they set out to do. For that
approach to be feasible, an international organization needs to have the
mechanisms to put it into action. The WTO has mechanisms built into it that
have been proven to be very efficient in dealing countries’ natural propensity
to not comply, namely trade restrictions. Trade restrictions create the urgency
necessary to propel countries into action and compliance. However, some might
argue that trade restrictions benefit countries differently and that they might
put some countries at a disadvantage. Taking that into consideration, some
might say that the WTO is in fact not the best medium to dealing with
environmental policy. But that is not the case. The WTO also has a mechanism to
deal with disputes between member nations. Such a mechanism is essential to
ensure that both developed and developing nations have their needs met and one
doesn’t profit at the cost of another’s demise. Critics of the WTO’s dispute
mechanism say that richer nations often get better deals while others are left
with losses, but that is also not the case. All member nations, developed and
developing alike, have an interest in preserving the organization’s legitimacy
and authority; as such, it is essential that richer nations adhere to the
decisions made by the WTO’s dispute settlement mechanism so that other countries
will do so as well when they bring a case before the organization.
Some have
spoken of the need for an entirely new organization with authority over all
issues environment. While decentralization is in fact a big hindering factor in
advancing environmental efforts, the creation of an entirely new international
organization may not be necessary. Perhaps the best alternative would be to
have a branch of the WTO that deals with environmental issues alone, and that
branch would benefit from all the mechanisms already present within the
organization. Trade and environment are inherently connected. Therefore, it
makes a lot of sense to have a trade organization that is also responsible for
environmental policy. The WTO has proven that it has the right tools for the
job, we don’t need another organization. All we need is to adapt the WTO to
deal with environmental issues as well as trade.
--Leonardo Balieiro