There are over 250 MEAs dealing with various environmental issues which are currently in force. About 20 of these include provisions that can affect trade. The relationship between the provisions of the multilateral trading system and the use of trade measures pursuant to multilateral environmental agreements (MEAs) received considerable attention.
From the discussions held In the CTE, several opinions for reconciling any coflicting obligations between WTO provisions and trade measures taken pursuant to MEAs emerged. A first approach, which was referred to as the ex ante approach. A second approach, referred to as the ex post approach. Other approach that would combine some or all of the elements of the two approaches mentioned above. The last approach, the existing provisions of GATT 1994 are adequate to deal with trade measures taken pursuant to legitimate environmental objectives contained in existing MEAs.
This thesis aims at suggest an opinion for reconciling any conflicting obligations between WTO provisions and trade measures taken pursuant to MEAs.