Book contents
- Reviews
- International Judicial Practice on the Environment
- Studies on International Courts and Tribunals
- International Judicial Practice on the Environment
- Copyright page
- Contents
- Contributors
- Acknowledgements
- Table of Cases
- Introduction International Courts and the Environment: the Quest for Legitimacy
- Part I Procedural Legitimacy of Judicial Environmental Practice: Access to Justice
- Part II Legitimacy and Scientific Certainty: Environmental Adjudication, Use of Experts and the Limits of Science
- Part III Judges as Law-Makers: Legitimate Development of Environmental Law
- Part IV Legitimacy of Outcomes: Performance, Effects (and Side-Effects)
- 9 When Environmental Protection and Human Rights Collide: Four Heuristics of Conflict Resolution
- 10 Silent Implications of US-Tuna II: Greening Market Behaviour through the WTO
- 11 Adjudication of Environmental Impact Assessment Claims before International Courts and Tribunals
- 12 Litigation as a Climate Regulatory Tool
- Part V The Legitimacy of Non-Compliance Procedures
- Part VI The Limits of Environmental Justice through Courts: Balancing Legitimacy with the Need for Creativity
- Index
10 - Silent Implications of US-Tuna II: Greening Market Behaviour through the WTO
from Part IV - Legitimacy of Outcomes: Performance, Effects (and Side-Effects)
Published online by Cambridge University Press: 15 April 2019
Edited by
Book contents
- Reviews
- International Judicial Practice on the Environment
- Studies on International Courts and Tribunals
- International Judicial Practice on the Environment
- Copyright page
- Contents
- Contributors
- Acknowledgements
- Table of Cases
- Introduction International Courts and the Environment: the Quest for Legitimacy
- Part I Procedural Legitimacy of Judicial Environmental Practice: Access to Justice
- Part II Legitimacy and Scientific Certainty: Environmental Adjudication, Use of Experts and the Limits of Science
- Part III Judges as Law-Makers: Legitimate Development of Environmental Law
- Part IV Legitimacy of Outcomes: Performance, Effects (and Side-Effects)
- 9 When Environmental Protection and Human Rights Collide: Four Heuristics of Conflict Resolution
- 10 Silent Implications of US-Tuna II: Greening Market Behaviour through the WTO
- 11 Adjudication of Environmental Impact Assessment Claims before International Courts and Tribunals
- 12 Litigation as a Climate Regulatory Tool
- Part V The Legitimacy of Non-Compliance Procedures
- Part VI The Limits of Environmental Justice through Courts: Balancing Legitimacy with the Need for Creativity
- Index
Summary
The World Trade Organization’s (WTO's) dispute settlement mechanism affects action and planning of market agents (governmental or private institutions). Beyond this, its appellate body influences decision-making and market-shaping standards for international trade, including incentives for green technologies in products and production methods. The chapter analyses the US-Tuna II decision and its consequences for the market greening process. Rather than stressing a divide between classical liberalism’s perspectives on trade and current sustainable development, it argues that a nuanced approach needs to acknowledge compatibility between both. Such decisions emit a strong signal for the adoption of environment-friendly practices, and discuss how market agents may perceive this as a competitive advantage opportunity. Through a legal framework, increasing environmental law compliance and positive externalities are desirable, to generate a resilient system of technological change and innovation among entrepreneurs, especially when the results lead to a cascade effect in the environment-trade relationship.
- Type
- Chapter
- Information
- International Judicial Practice on the EnvironmentQuestions of Legitimacy, pp. 262 - 287Publisher: Cambridge University PressPrint publication year: 2019