The Conflict and Integration of Environmental Law and Commercial Law: Exploring Environmental Responsibility in International Trade

The nexus between international trade and environmental protection is complex and of great significance. Policymakers, including the World Trade Organization (WTO), aim to combine the two targets within the sustainable development framework. However, deficiencies such as the vague environmental exception clauses persist in the environmental legal framework. This paper seeks to solve the contradictions in the current legal framework and enhance the uniformity of international trade and environmental agreements. It will first demonstrate the current dilemma of environmental responsibility in international trade, particularly examining the strengths and limitation of the WTO law in resolving these conflicts. The discussion will then compare the landmark Shrimp-Turtle case with the recent European Union’s Carbon Border Adjustment Mechanism (CBAM) and analyze the historical challenges these cases highlight. Ultimately, this paper aims to offer suggestions to improve the legislative framework for international environmental responsibility in trade, and to achieve its enforcement more effectively.

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Publication Details

Journal
Journal of Education Humanities and Social Sciences
Published
2024-11-07
DOI
https://doi.org/10.54097/1h93mp43
Citations
1
Primary Topic
Corporate Law and Human Rights
Type
article
Field-Weighted Citation Impact
0.67
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article

The Conflict and Integration of Environmental Law and Commercial Law: Exploring Environmental Responsibility in International Trade

Yuming Wu
1 citations
Journal of Education Humanities and Social Sciences
Corporate Law and Human Rights
0.67
article

The Conflict and Integration of Environmental Law and Commercial Law: Exploring Environmental Responsibility in International Trade

Yuming Wu
article en
1 citations

Abstract

The nexus between international trade and environmental protection is complex and of great significance. Policymakers, including the World Trade Organization (WTO), aim to combine the two targets within the sustainable development framework. However, deficiencies such as the vague environmental exception clauses persist in the environmental legal framework. This paper seeks to solve the contradictions in the current legal framework and enhance the uniformity of international trade and environmental agreements. It will first demonstrate the current dilemma of environmental responsibility in international trade, particularly examining the strengths and limitation of the WTO law in resolving these conflicts. The discussion will then compare the landmark Shrimp-Turtle case with the recent European Union’s Carbon Border Adjustment Mechanism (CBAM) and analyze the historical challenges these cases highlight. Ultimately, this paper aims to offer suggestions to improve the legislative framework for international environmental responsibility in trade, and to achieve its enforcement more effectively.

Journal of Education Humanities and Social SciencesVol. 39
Partnerships for the goals
Openalex Percentile: Top 21%
Corporate Law and Human Rights
0.67
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The Conflict and Integration of Environmental Law and Commercial Law: Exploring Environmental Responsibility in International Trade — Yuming Wu · Journal of Education Humanities and Social Sciences (2024) | TGRS Research Map | TGRS