India Environment Portal Knowledge for change

WTO vs MEAs

• 14/09/2003

The Doha Ministerial Declaration, in paragraph 31(i), mandates negotiations on the relationship between existing wto rules and specific trade obligations (stos) set out in Multilateral Environmental Agreements (meas) that aim to make trade and environment more mutually supportive. How can this mandate be approached from a developing country perspective?

First, it is inadvisable that negotiations remain narrowly focused on stos. Developing countries need to stress that trade measures generally are integral to a package of measures. Restrictive trade measures can be accompanied by supportive measures or enhanced flexibility elements. If properly used, balance and interplay between measures can also help address the internal differences among developing country parties. In short, developing countries should advocate a practical way that pays due attention to the development dimension of the package of measures taken by relevant meas.

Second, the objectives of developing countries are best taken into account by a "bottom-up' analysis of practical experience with stos in concerned meas. This will help identify real areas of conflict between both systems, rather than hypothetical areas.

Third, although it is important to clearly define the term "specific trade obligations', developing countries should avoid a too legalistic debate. It is better for developing countries that stos in meas leave little discretion to parties for unilateral measures taken "pursuant to meas'. stos should not include those that are discretionary. On the other hand, the unfccc and its Kyoto Protocol, which do not provide for stos, but use trade measures as obligation de r