Trade-Related Environmental Measures under the World Trade Organization (WTO) in Malaysia: The Analysis of its’ Application

Authors

  • Yanti Ahmad Shafiee Labuan Faculty of International Finance Universiti Malaysia Sabah, Labuan International Campus W.P. Labuan, Malaysia
  • Asmah Laili Yeon School of Law, College of Law, Government and International Studies Universiti Utara Malaysia, Malaysia

DOI:

https://doi.org/10.32890/jis2016.12.7

Keywords:

International Economic Law, International Trade, Environmental Protection, Trade-Related Environmental Measures, Malaysia

Abstract

The objective of this study is to explore the application of trade-related environmental measures in Malaysia. Trade-related environmental measures are environmental measures that were invoked which may have an effect on international trade. These measures can be in the form of tariff and non- tariff. As a member of the World Trade Organization (WTO), Malaysia is compelled to apply and implement the environmental provisions of the General Agreement of Tariff and Trade (GATT) and the WTO agreements. However, the ability to fully comply with these agreements needs to be determined as Malaysia’s effort in environmental protection could affect its international trading. In this study the analysis was on Malaysia’s domestic legislations; the GATT, especially Article XX; WTO agreements such as the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS), the Agreement on Technical Barriers to Trade (TBT) and the WTO Dispute Settlement Body decided cases. Secondary data such as journal articles were referred. It is expected that this study could assist in determining the efforts made by Malaysia in finding a balance between international trade and environmental protection.

 

References

Al Amin, Chamhuri Siwar, Hurul Huda, & Abdul Hamid. (2009). Trade, economic development and environment: Malaysian experience. The Bangladesh Development Studies, 19-39.

Ansari, A. (2007). GATT/WTO and MEA’s: Resolving the competing paradigm. Journal of International Trade Law and Policy, 2-13.

Birnie, P., Boyle, A., & Redgwell, C. (2009). International law and the environment. New York: Oxford University Press.

Boer, B., Ramsay, R., & Rothwell, D. (1998). International environmental law in the Asia Pacific. London: Kluwer Law International.

Yanti Ahmad Shafiee & 2Asmah Laili Yeon Brazil-measures affecting imports of retreaded tyres,, WT/DS332/R (Dispute Settlement Body June 12, 2007).

Carrapatoso, A. F. (2008). Environment aspects in free trade agreements in the Asia Pacific region. AEJ, 229-243.

Chang, S. W. (2007). WTO for trade and development post-Doha. Journal of International Economic Law, 553-570.

Charnovitz, S. (2007). Trade and the environment in the WTO. Journal of International Economic Law, 1-29. http://jis.uum.edu.my

Cheyne, I. (2007). Gateways to the precautionary principle in WTO Law. Journal of Environmental Law, 155-172.

De La Fayette, L. (2002). United States-Import prohibition of certain shrimp and shrimp products-Recourse to Article 21.5 of the DSU by Malaysia. 96 American Journal of International Law, 685-692.

Gardiner, R. K. (2003). International Law. New York: Oxford University Press.

Ghei, N. (2007). Evaluating the WTO’s two step test for environmental measures under article XX. Colorado Journal of International Environmental Law & Policy, 117-150.

Islam, R., Siwar, C., Mohamad Ismail, S., & Bhuiyan, A. (2010). Impacts on trade barriers to timber trade in Malaysia. World Journal of Management, 13-21.

Khatun, F. (2009). Environmental related trade barriers and the WTO. Regional Conference on Trade, WTO and Sustainable Development: A Cause of Concern (pp. 1-17). Kuala Lumpur: Centre for Policy Dialogue.

Lee, Y. (2006). Facilitating development in the World Trade Organization: A proposal for the council for trade and development and the agreement on development facilitation. Asper Review International Business & Trade Law, 177. Managing the challenges of WTO participation: Case study. (2015, July 31). Retrieved from World Trade Organization: https://www.wto.org/english/res_e/booksp_e/ casestudies_e/case24_e.html

Matsushita, M., Schoenbaum, T., & Mavroidis, P. (2006). The World Trade Organization law, practice and policy. New York: Oxford University Pres.

Sands, P. (2003). Principles of international environmental law. United Kingdom: Cambridge University Press.

Shih, W. C. (2006). Trade and environmental linkages and challenges facing East Asian WTO members. Asian Journal WTO & International Health Law and Policy, 157-188. Thailand-restrictionson importation of and internal taxes on cigarettes, BISD37S/200 (GATT Panel November 7, 1990). Trade policies and practices by measure-Malaysia, WT/TPR/S/156. United States-import of certain shrimp and shrimp products, WT/DS58/ABR (WTO Panel Reports November 1998, 1998). United States-standards for reformulated and conventional gasoline, WT/DS2/AB/R (WTO Appellate Body May 20, 1996).

Van Calster. (2008). Faites Vos Jeux-regulatory autonomy and the World Trade Organization after Brazil Tyres. Journal of Environmental Law, 121-136.

World Trade Organization Documents. (2015, December 31). Retrieved from World Trade Organization: https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S009-Html.aspx

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Published

20-12-2016

Issue

Vol. 12 (2016): Journal of International Studies (JIS) Vol. 12, 2016

Section

Articles

How to Cite

Ahmad Shafiee, Y., & Yeon, A. L. (2016). Trade-Related Environmental Measures under the World Trade Organization (WTO) in Malaysia: The Analysis of its’ Application. Journal of International Studies, 12, 95-110. https://doi.org/10.32890/jis2016.12.7

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