1 Without any statement about its relation to other international treaties, and in accordance with the Vienna Convention on the Law of Treaties, the CPB as the more recent and more specific agreement would prevail over the WTO. As a compromise, the CPB preamble reads that the parties 'recognis(e) that trade and environment agreements should be mutually supportive with a view to achieve sustainable development, emphasiz(e) that this Protocol shall not be interpreted as implying a change in the rights and obligations of a Party under any existing international agreements, understand that the above recital is not intended to subordinate this Protocol to other international agreements.'

'Nonetheless, it is unclear how the formal equalization of the CPB and WTO agreements would fare in a lawsuit arising from an import restriction. The WTO has its own jurisdiction and is able to impose fines worth millions of dollars. This makes it structurally much stronger than the Rio documents, which cannot be enforced in court' (Meyer, 2000).

0 0

Post a comment