Trade and the Environment
This chapter provides an overview of a broad range of issues that arise at the interface of trade and the environment. After this introduction, Section II considers trade and environment in the context of the WTO, by examining relevant WTO agreements, recent trade disputes with environmental implications, the WTO’s Committee on Trade and Environment (“CTE”), and relevant mandates resulting from the recent WTO Fourth Ministerial in Doha, Qatar. Section III then seeks to place the traditional issues of trade and environment in the broader context of sustainable development, a concept that connotes a development path that optimizes human activities within economic, social and environmental spheres, and that meets the needs of present generations without compromising the ability of future generations to meet their own needs. This is followed in subsequent sections by a thematic discussion of the main trade and environment issues, organized according to three main categories: 1) issues arising from material linkages between trade and other facets of the world we live in (Section IV); 2) legal and policyrelated issues arising between trade and other fields of law and policy (Section V); and 3) organizational issues arising between the WTO and other institutional arrangements (Section VI). Section VII concludes with some thoughts on the future development of international economic law and policy as it applies to the environment and sustainable development. The scope, diversity and complexity of this field prevent a single chapter from covering the subject in detail; this chapter, consequently, is designed to provide a sketch of some of the main issues of trade and environment and to complement the discussion of related issues as they are addressed in other chapters of this work.
The Trips Agreement and Developing Countries
The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”) brought about a very important change in international standards relating to intellectual property rights.1 Because of its far-reaching implications, particularly with respect to developing countries, the agreement has been one of the most controversial components of the WTO system. Strong disagreements on the scope and content of the Agreement emerged during the Uruguay Round negotiations, both between developed and developing countries and among developed countries themselves. Implementation of the Agreement and its review under the “built-in agenda” have also been contentious with regard to many aspects.
Key Considerations for an Economic and Legal Framework Facilitating Medical Travel
Medical travel has the capacity to counter increasing costs of health care by creating new markets and increased revenue for health services, potentially benefiting local populations, economies, and health-care systems. This paper is part of a broad, comprehensive project aimed at developing a global health access policy (GHAP). It presents key issues to consider in terms of ensuring economic viability, sustainability, and limiting risk to the many stakeholders involved in the rapidly expanding industry of medical travel. The noted economic and legal barriers to medical travel are based on a synthesis of themes found in an extensive review of the available literature. Economic considerations, when setting up a GHAP, include a dynamic approach to pricing that is fair to the local population. Legal considerations include the implementation of international quality standards and the protection of the rights of those traveling as well as those of local populations in recipient countries. By taking into account these opportunities, the GHAP will more adequately address existing gaps in the economic and legal regulation of medical travel.