Sustainable development calls for a balance to be struck between the promotion of trade and environmental protection. This book investigates how to strike such a balance in practice by assessing the relationship between WTO Agreements and the Cartagena Protocol on Biosafety.The book provides a systematic exploration of how the general international rules on conflict of norms apply to the relationship between the two WTO Agreements and the Protocol, and the extent to which this specific relationship might influence how treaty conflicts should be dealt with generally in international law. Based on both doctrinal and original empirical evidence, this book goes beyond the principle of systemic integration in treaty interpretation which is generally relied upon as a conflict avoidance technique at the international adjudicative level. It further discerns a number of principles that underlie systemic integration, including the principles of mutual supportiveness, good faith, cooperation, and harmonization. These principles could be applied to potentially avoid treaty conflicts and are capable of driving reconciliation at not only the international judicial, but also the international institutional and domestic levels.This book will be a valuable resource for scholars and policymakers in the fields of international economic law, international environmental law and public international law.
Jingjing Zhao is an Associate Professor in the School of Law, Nankai University, China, and a researcher in the Human Rights Research Centre, Nankai University, China.
IntroductionPart I: Trade and Environmental Treaty Conflicts1. The Trade and Environment Debate2. The Relationship between the WTO Agreements and the Cartagena Protocol: An Ideal Case StudyPart II: Treaty Conflicts Can and Should be Avoided3. Potential Conflicts and Synergies between the WTO Agreements and the Cartagena Protocol4. General International Rules on Conflict Resolution: Limited Solutions5. Conflict Avoidance: Systemic Integration and its Underlying PrinciplesPart III: How to Avoid Treaty Conflicts6. Avoiding Treaty Conflicts Through Adjudicative Integration7. Avoiding Treaty Conflicts Through International Institutional Integration8. Avoiding Treaty Conflicts Through Domestic IntegrationConclusion