The EC and WTO Trade and Environment Case Law: Procedural Aspects, Legal Principles and Institutional Matters

Hundreds of studies have been conducted by lawyers, economists and political scientists on international trade and environment, yet very few attempts have been made to compare judicial decisions adopted in this area by the European Court of Justice, its Court of First Instance, and GATT/WTO rulings on trade and environment. Most of the existing publications are either limited in scope, because they only focus on a comparison of two cases at any one time, or are outdated, especially in the light of innovative European and Appellate Body jurisprudence of the last few years. Here, a comparison of the main trade and environment themes traversing the two bodies of case-law, including procedural issues, will be undertaken. This will cast light on the means by which the current tension between trade and environment might be resolved. Account will be taken of the different “constitutional” positions of judicial bodies in the two legal orders, the role played by the presence (or absence) of the legislator, and its influence on reasoning in judicial decisions.