The role of international organizations in preventing conflicts between the SPS Agreement and the Cartagena Protocol on Biosafety

This article analyses how conflicts between the World Trade Organization (WTO) Agreement on Sanitary and Phytosanitary Measures and the Cartagena Protocol on Biosafety – a typical example of the relationship between trade and environmental treaties – are dealt with at the institutional level. It sys...

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Bibliographic Details
Published in:Review of European Community & international environmental law 2020-07, Vol.29 (2), p.271-281
Main Author: Zhao, Jingjing
Format: Article
Language:English
Subjects:
Biosafety
Coordination
Empirical analysis
International cooperation
International organizations
International trade
Organs
Protocol
Research methodology
Theoretical analysis
Treaties
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Summary:This article analyses how conflicts between the World Trade Organization (WTO) Agreement on Sanitary and Phytosanitary Measures and the Cartagena Protocol on Biosafety – a typical example of the relationship between trade and environmental treaties – are dealt with at the institutional level. It systematically explores the role that the WTO and Protocol organs (may) play in preventing treaty conflicts. Through a theoretical analysis, the article studies how relevant international organizations could contribute to the avoidance of treaty conflicts through actions taken at the institutional level. The doctrinal assertions made in this article are supported by complementary empirical research. The article highlights the extent to which institutional cooperation and coordination between the WTO and Protocol organs are actually happening, and offers suggestions on how conflicts between the treaties can effectively be avoided at the institutional level.
ISSN:2050-0386
2050-0394
DOI:10.1111/reel.12326