The Conflict and Integration of Environmental Law and Commercial Law: Exploring Environmental Responsibility in International Trade
Year: 2024
Type: article
Abstract: The nexus between international trade and environmental protection is complex and of great significance. Policymakers, including the World Trade Organization (WTO), aim to combine the two targets within the sustainable development framework. However, deficiencies such as the vague environmental exception clauses persist in the environmental legal framework. This paper seeks to solve the contradictions in the current legal framework and enhance the uniformity of international trade and environmental agreements. It will first demonstrate the current dilemma of environmental responsibility in international trade, particularly examining the strengths and limitation of the WTO law in resolving these conflicts. The discussion will then compare the landmark Shrimp-Turtle case with the recent European Union’s Carbon Border Adjustment Mechanism (CBAM) and analyze the historical challenges these cases highlight. Ultimately, this paper aims to offer suggestions to improve the legislative framework for international environmental responsibility in trade, and to achieve its enforcement more effectively.
DOI: 10.54097/1h93mp43
Author: Yiman Wu
Language: English
Topic: World Trade Organization Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4404161774