This seminar is an in-depth review of the relationship and frequent tension between two areas of policy and law, both of which are intended to promote an enhanced quality of life: trade liberalization and environmental protection. As the scope and breadth of the linkages between trade and the environment continues to expand, this seminar will examine the significant issues in the field, including (1) the use of trade measures to protect the environment; (2) the legal challenges involved in distinguishing between legitimate environmental measures and actions taken to protect domestic producers; (3) the legality of utilizing trade measures in multilateral environmental agreements; and (4) the relationship between domestic environmental law and foreign investment liberalization. The course will place a high degree of emphasis on rapidly developing current events and analysis of all the major junctures in the evolution of this area of the law, including the tuna/dolphin, shrimp/turtle, and beef hormone disputes. Students will be exposed to the major international trade agreements and institutions, such as the General Agreement on Tariffs and Trade (GATT), World Trade Organization (WTO), North American Free Trade Agreement (NAFTA), and the Free Trade Area of the Americas (FTAA), in some detail. No prior familiarity with either trade law or environmental law is necessary or assumed. Students will be expected to complete all reading materials, actively participate in class discussions, and prepare a short paper on an advanced topic. Students may be certified in this class only for a paper that substantially exceeds the normal paper requirement for this class.
Current & Previous Instructors:
|This course is not currently scheduled.|
Last offered Fall 2009.