TY - JOUR
T1 - Beyond free trade in raw materials: Reconciling international trade rules with planetary boundaries
AU - Kuppuswamy, Chamundeeswari
AU - Boklan, Daria
N1 - © 2024 The Author(s). Published by Elsevier Ltd. This is an open access article under the Creative Commons Attribution-Non Commercial-No Derivatives CC BY-NC-ND licence, https://creativecommons.org/licenses/by-nc-nd/4.0/
PY - 2024/6/13
Y1 - 2024/6/13
N2 - International trade rules enshrined in agreements like the General Agreement on Tariffs and Trade (GATT) promote free trade, with exceptions for environmental protection. This paper explores the tension between these rules and Earth Systems Science's concept of planetary boundaries, which define environmental tipping points beyond which humanity faces irreversible harm. We analyse GATT's provisions, particularly Article XI's prohibition on trade restrictions and Article XX's exceptions, through the lens of planetary boundaries. Our analysis argues that current interpretations of these articles are inadequate to address the environmental impact of raw material trade. We further examine the concept of permanent sovereignty over natural resources, which grants states autonomy over resource exploitation and trade. We posit that planetary boundaries are not a restriction on sovereignty but a call for modifying state trading behaviour and consequently how international trade rules is structured and interpreted. This analysis demonstrates the complexity of transforming the legal landscape necessary for a global just energy transition, a response to climate change that requires aligning international trade with environmental sustainability.
AB - International trade rules enshrined in agreements like the General Agreement on Tariffs and Trade (GATT) promote free trade, with exceptions for environmental protection. This paper explores the tension between these rules and Earth Systems Science's concept of planetary boundaries, which define environmental tipping points beyond which humanity faces irreversible harm. We analyse GATT's provisions, particularly Article XI's prohibition on trade restrictions and Article XX's exceptions, through the lens of planetary boundaries. Our analysis argues that current interpretations of these articles are inadequate to address the environmental impact of raw material trade. We further examine the concept of permanent sovereignty over natural resources, which grants states autonomy over resource exploitation and trade. We posit that planetary boundaries are not a restriction on sovereignty but a call for modifying state trading behaviour and consequently how international trade rules is structured and interpreted. This analysis demonstrates the complexity of transforming the legal landscape necessary for a global just energy transition, a response to climate change that requires aligning international trade with environmental sustainability.
U2 - 10.1016/j.exis.2024.101481
DO - 10.1016/j.exis.2024.101481
M3 - Article
SN - 2214-790X
VL - 19
SP - 1
EP - 7
JO - The Extractive Industries and Society
JF - The Extractive Industries and Society
M1 - 101481
ER -