ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

Articles by B S ChimniSubscribe to B S Chimni

WTO and Environment

The report of the WTO Appellate Body in the dispute between Malaysia and the US over the restrictions on import into the US of shrimp and shrimp products represents a clear move away from the understanding that GATT/WTO rules shall not regulate process and production methods, i e, as opposed to product characteristics. The report not only tramples upon the sovereign rights of states to have their own environmental protection regimes, but also goes a long way to legitimise green protectionism. It further raises the issue of the place and function of the dispute settlement system in the WTO scheme of things. Unless important third world countries like India act to prevent the dispute settlement machinery from assuming an extraconstitutional role, their trade and development cause would suffer irredeemable damage.

WTO and Environment

This paper undertakes a review of two cases brought before the Appellate Body of the WTO - the shrimp turtle case and the EC-Hormones case - to find that the WTO has gone a long way in integrating environmental concerns with the objective of free trade. Third world countries have nothing to gain through the anti-WTO stance of NGO whose actions are likely to help protectionism by the developed countries.

India and Ongoing Review of WTO Dispute Settlement System

India should question the heads-I-win-tails-you-lose approach of the present rule-oriented WTO dispute settlement system whereby it is expected to strictly fulfil its obligations when more powerful states can avoid doing so through the incorporation of novel interpretive schemes or by using the national security exception clause.

Stabilising Primary Commodity Markets

Stabilising Primary Commodity Markets B S Chimni IN 'Case for International Stockpile of Primary Commodities

Expanding United Nations

Expanding United Nations B S Chimni The Expanding Jurisdiction of the United Nations by M S Rajan; N M Tripathi, Bombay, 1982, pp ix + 252; price Rs 85.

Law of the Sea Winners Are Losers

This synoptic view of the Convention on the Law of the Sea, adopted on April 30, 1982, does not claim to do full justice to the complexities of the issues subsumed under the Convention, It merely purports to:

Law of the Sea Imperialism All the Way

B S Chimni A new round of talks in the third United Nations Conference on the Law of the Sea is about to begin in New York. The talks are to be resumed against the background of the decision of the Reagan administration to unilaterally review the Draft Convention on the Law of the Sea which had been agreed upon last year.

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