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Just TradeA New Covenant Linking Trade and Human Rights$
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Berta Esperanza Hernández-Truyol and Stephen Joseph Powell

Print publication date: 2009

Print ISBN-13: 9780814736937

Published to NYU Press Scholarship Online: March 2016

DOI: 10.18574/nyu/9780814736937.001.0001

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Ecosystem Degradation and Economic Growth

Ecosystem Degradation and Economic Growth

Citizenship—Voice and Participation in the Global Marketplace

(p.75) 5 Who Belongs, Who Rules
Just Trade

Berta Esperanza Hernández-Truyol

Stephen Joseph Powell

NYU Press

This chapter examines ways that trade can help governments prevent ecosystem degradation and instead attain a healthy, sustainable environment for their citizens without sacrificing economic growth. It first considers trade's inflexible commitment to outdated interpretations that GATT's actual provisions never demanded before proceeding with a discussion of environmental protection within the human rights and international trade frameworks. It then analyzes the importance of processes or production methods in environmental protection, with particular emphasis on the PPM distinction and GATT Article III's safe harbor. It also reviews GATT's Public Health and Welfare Clause and the harmonization of product standards under the Technical Barriers to Trade Agreement. Finally, it describes approaches to the relationship between the environment and trade that promote sustainable development, including natural capitalism and the Equator Principles.

Keywords:   ecosystem degradation, economic growth, GATT, environmental protection, human rights, international trade, processes or production methods, sustainable development, Equator Principles

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