Settlement of environmental disputes from the world trade with the context of WTO settlement mechanism

Subject Areas : Water and Environment

Farhad Dabiri ¹ , Ali Zare ² , Mostafa Panahi ³ , Milad Malakpour ⁴

1 - Assistant Professors and science members of Islamic Azad University, Science and Research Branch, Tehran.
2 - Assistant Professors and science members of Islamic Azad University, Science and Research Branch, Tehran.
3 - Assistant Professors and science members of Islamic Azad University, Science and Research Branch, Tehran
4 - Master of Art degree in environmental law, Islamic Azad University, Science and Research Branch, Tehran

Received: 2013-04-09 Accepted : 2013-08-30 Published : 2013-09-23

Keywords: World Trade, settlement Dispute system, Sentences, Environmental Challenges, Environmental disputes,

Abstract :

Environmental dispute among nations and beneficiaries or even the procedural organizationsstill subsist, beside environmental dispute due to world trade in form of the dispute settlement systemof World Trade Organization treated as an effective source of international instability and a threat topeace and international security. Concerning the importance of environmental issues and the fact thatthe system and the nature of environmental rights are based on precautionary and preventive bases, notthe redress methods as a subject of public international rights which has not much efficiency ininternational environmental rights; hence the competence and qualification of WTO’s DisputeSettlement System on encountering the environmental issues should be evaluated. In this research theimpact of international conflicts including the environmental issues and their impact on environmentalinternational rights development and the role of the environmental dispute settlement committees inWTO will be studied by the help of reviewing the library sources and in-house and externalprofessional essays. Moreover the efficiency of WTO’s Dispute Settlement System facing suchargument and its impact on environmental issues and rectification of the environmental loss will bestudy as well as the effect of advisory opinion of Trade and Environmental Committee, Unesco‘s planon jury’s or appellate decisions of WTO’s Dispute Settlement System via balancing resources furtherto comparing the out coming results with the desired criterion. End result of this study indicates whatapproaches and method are engaged in WTO’s Dispute Settlement System for argument resolutionand define the schedule and costs for resolving the environmental disputes, definitive sentences andadministrative mechanism of WTO’s Dispute Settlement System.

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