Recent developments in trade and environmental law conflicts and their impact on Malta's international obligations

Abstract

World trade has had a great impact on society and the environment in general. The aim of this dissertation is to analyse issues of climate change, genetically modified organisms (GMOs) and their impact on biodiversity, the conflicts arising between the protection of the environment on the one hand and the free movement of goods within the internal and international markets on the other together with the Malta‟s international obligations. The liberalisation of trade and investment and the removal of trade barriers between counties has led to a global market that respects the principles of free flow of goods and trade as set by the World Trade Organisation (WTO). As a result, countries have benefitted from industrial and economic development, employment sectors have been widened and economic growth was experienced. Unsustainable mechanisms of trade, however, are leading to biodiversity loss, climate change, an increased waste generation and high levels of pollution in air, water supply and soil. At the same time, to achieve the right balance between trade interests and environmental protection, one may jeopardise or restrict the principle of the free flow of goods as established by the WTO. It is on this matter that issues and conflicts arise and such conflicts demand serious attention by international and local entities. Several developments have taken place in relation to trade and its effects on the environment and on how environmental protection measures can be effectively applied without distorting trade and competition. Certain treaties and agreements still lay down conflicting scenarios. By way of an example, the Marrakech Agreement first acknowledges further development of trading in goods and services and later it calls for “optimal use of the world's resources in accordance with the objective of sustainable development”. The protection of the environment has to respect economic development and vice-versa. Other important developments include the TRIPS agreement, the protection of Intellectual Property Rights to ensure economic growth whilst keeping in line with the WTO Agreement. The global waste challenge and the manner in which the Basel Convention addresses this issue is also a crucial step in the right direction. The EU is stressing the need for a global effort in uniting the two objectives together of economic growth and environmental protection. Several efforts have led to the recognition of the right to information and the positive obligation that states have in order to inform the public of their rights and remedies, in this case, in environment-related issues. The AARHUS Convention, for instance, grants rights to the public concerning access to environmental information, public participation in decision-making and access to justice on environmental matters. International trade is a wide notion and can be both bilateral, multilateral and plurilateral in nature. It is thus of utmost importance that this includes a level of interrelationship between environmental laws and their objectives. The fundamental Principle of Integration is based upon such principles. These principles lie at the very foundation of the concept of sustainable development and are often described as being fundamental to its application. Globalisation must respect sustainable development to become an effective tool that can address conflicts between environmental protection and trade. It is through cooperation and global efforts that sustainable development can truly be achieved. Environmental sustainability measures cannot succeed without economic growth and vice-versa. The environment can be made to lead to economic development in today's world where new technologies and businesses' environmental initiatives play an important role in reaching a compromise between trade and environmental law principles.