| Project/Area Number |
11620032
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
International law
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| Research Institution | Osaka City University |
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Principal Investigator |
TAIRA Satoru Osaka City University, Graduate School of Law, Professor (20163149)
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| Project Period (FY) |
1999 – 2001
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| Project Status |
Completed (Fiscal Year 2001)
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| Budget Amount *help |
¥3,000,000 (Direct Cost: ¥3,000,000)
Fiscal Year 2001: ¥800,000 (Direct Cost: ¥800,000)
Fiscal Year 2000: ¥1,100,000 (Direct Cost: ¥1,100,000)
Fiscal Year 1999: ¥1,100,000 (Direct Cost: ¥1,100,000)
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| Keywords | WTO / GATT / PPM / process and production method / multilateral environmental agreement / trade and environment / SPS Agreement / trade related environmental measure / エコラベル / TBT協定 |
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| Research Abstract |
The purpose of this study is to examine a problem that is described as follows : can a trade ban on a product imposed because of the fact that the "process and production method (PPM)" of that product is harmful to the environment be consistent with the WTO law?
In order to do so, this study first critically analyzed the interpretations of the WTO law showed by panels and the Appellate Body in several dispute settlement cases. Second, it considered with a broader perspective and context the controversy between environmentalists and trade specialists and the relevancies of the north-south problem and the human right problem. Third, this study considered several international law problems that are raised by the PPM based trade measure, such as those on its unilateral and extraterritorial character and on the possible conflict between a multilateral environmental agreement (MEA) and the WTO law in a case where the measure was imposed under the MEA. And forth, this study examined the categorization of PPMs proposed by the OECD and identified a group of issues raised by a non-product-related PPM. It proposed labeling of a PPM on the product as a possible solution and considered the consistency of the labeling measure with WTO law.
However, the examination of the WTO law consistency in this study was in large part limited to the GATT consistency. As more frequent invocation of the PPM based trade measures is expected now in order to regulate greenhouse gases emissions and bio-technology products, it will become an important problem to secure the consistency of these measures with other two WTO agreements : the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) and the Agreement on Technical Barriers to Trade (TBT Agreement). Although this study tried to clarify the structure and some problems of the SPS Agreement, the more detailed analysis of these two agreements is left as the future agenda.
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