The WTOs Environmentally Relevant Institutions

Right from the start in 1995, the WTO has addressed the compatibility of international trade and environmental protection—both through the establishment of specific bodies (see Section 10.3.2) and via particular rules in some its agreements, most prominently by recognizing the objective of sustainable development in the preamble of the WTO Agreement (see Section 10.3.3). However, one should not misinterpret this initial inclusion of environmental concern as either brand-new or issue-specific: on the one hand, during the Uruguay Round (1986-1993), negotiators made efforts to integrate a variety of issue-areas such as international finance, development assistance, health and

* Besides the output-level, two further levels of effectiveness grasp the less immediate consequences of a regime (which in turn are harder to be assessed in a clear-cut manner). These levels are: the outcome-level where a regime exerts behavioral effects on relevant actors, e.g., states parties, and the impact-level of the ultimate consequences of a regime on a given subject matter, e.g., biological diversity (cf. Underdal 2004).

NB: Given that the remainder of this chapter will focus on one level, namely the output effectiveness of the WTO, the term "impact" will not be used in the narrow sense of this typology, but in a general sense, i.e., interchangeably with terms like "effect" or "consequence." Moreover, regime theorists have come up with other well-cited typologies of regime effectiveness. For instance, Young and Levy (See The Effectiveness of International Regimes: Causal Connections and Behavioral Mechanisms, 1999: 4ff.) distinguish between five possible approaches to the concept of regime effectiveness:

(1) Problem-Solving Approach (degree to which the problem that prompts regime creation is eliminated).

(2) Legal Approach (degree to which contractual obligations are met).

(3) Economic Approach (compliance [i.e., legal approach] + degree of economic efficiency).

(4) Normative Approach (degree of achievement of normative principles, e.g., fairness, participation, etc.).

(5) Political Approach (degree of causing changes in the behavior/interests of actors and in the policies/performances of institutions).

Whereas the output-level as such is not covered by any of these categories, types 2 and 5 correspond with a regime's outcome effectiveness, and type 1 clearly equals the impact effectiveness of the above typology.

civil aviation;* on the other hand, the old, pre-WTO GATT had not completely ignored the trade implications of environmental policies.

Negotiating Essentials

Negotiating Essentials

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