International Trade and the Environment
About This Class
This course is an up-to-the-minute, in-depth treatment of the intersection and frequent clash between two areas of policy and law, both of which are intended to promote human welfare and sustainable development: trade liberalization and environmental protection. The course will address cutting-edge questions in the field, including (1) protection of natural resources through unilateral trade-based measures; (2) the legality of multilateral environmental agreements employing trade measures; (3) utilization of science-based trade tests; and (4) environmental impacts of foreign investment liberalization. The course will analyze all the major junctures in the evolution of this area of the law, including the tuna/dolphin, shrimp/turtle, asbestos, beef hormone, and biotech cases. Students will be exposed to the major international trade agreements and institutions, such as GATT, NAFTA, the World Trade Organization, and the newly-concluded TransPacific Partnership. The course will include a simulated negotiation of a multilateral environmental agreement regulating trade in pesticides and chemicals. No prior familiarity with international law, trade law, or environmental law is necessary or assumed.