Law Essay Example | Topics and Well Written Essays - 4000 words - 1

Law - Essay Example Article XX of GATT is significant, because it provides scope for GATT members to exercise environmental restrictions in certain instances, despite their being inconsistent with the free trade obligations spelt out under the provisions of the GATT. It is especially significant from the perspective of environmentalists, because it strengthens their case by allowing restrictions on trade to be place in the interest of protection of the environment. But this article also makes it clear that such restrictions cannot be exercised by States when their implementation would be tantamount to discrimination against other States. As a result, it provides scope for those in favor of free trade who wish to contest environmental restrictions. The relative efficacy of Section XX of GATT from the perspective of environmentalists and free trade proponents is detailed further in this report. The broad objectives of the GATT – General Agreement on Tariffs and Trade- have been to foster trade among countries and to reduce the restrictions that are imposed by individual nations in order to protect their own, narrow, regional interests. The GATT was intended to represent the common set of rules and regulations to settle trade disputes through negotiations among the countries.3 Hence, the GATT seeks to promote a free flow of trade between all members who are its signatories. Multilateral agreements on the environment are those agreements made between various countries with the objective of preserving and protecting the environment. They may comprise two kinds of agreements: (a) agreements on the preservation of the environment through measures like preventing global warming, ozone depletion, rise in sea levels or other measures related to the environment and (b) agreements that link trade and the environment, wherein certain measures are