The Extraterritorial Application Of Multilateral Environmental Agreements

51 The political structures of WTO members are very different, from full democracies to authoritarian and undemocratic systems. Despite the political structure, it can still be expected that functioning governments will represent the interests of their country. If there was a public outcry supported by civil society without the government responding to it, it could be something that could be taken into account in the context analysis, such as omission. B to make a deal. If international agreements cannot be concluded but there is broad support from civil society, this support (claim, scope, etc.) should be considered. Excellent book with contributions from many leading experts on extraterritoriality and human rights. It addresses the main concerns in five elements: obligation, jurisdiction, causation, attribution of responsibilities, remedies and liability. While it focuses on undervalued economic, social and cultural rights, it also refers to the most important civil and political rights jurisprudence. 80 See Howse and Regan (n 4) 269. Charnovitz drew a similar distinction between government policy and “how to” restrictions. Charnovitz (n 4) 107. However, government standards or national policies may be more effective in encouraging other countries to participate in multilateral environmental agreements.

For an interesting debate on the effectiveness of these measures, see Chang, H, “An Economic Analysis of Trade Measures to Protect the Global Environment” (1995) 83(6) Georgetown Law Journal 2131Google Scholar. 48 A distinction between the context of human rights (extraterritorial application of regional and international human rights treaties) and the framework of the trade environment is that international human rights obligations apply when states exercise “effective control” over territories outside their borders. The territorial state itself is not in a position at this stage to ensure sufficient protection of human rights on its territory, for lack of control. In the context of the environment, a ppm would apply to all imported goods, without distinguishing between countries that are unable to provide a sufficiently high level of environmental protection and states that are not prepared to guarantee this level of protection. For a more complete and in-depth analysis of extraterritoriality and human rights, see in particular. M Milanovic, Extraterritorial Application of Human Rights: Law, Principles and Politics (Oxford University Press 2011); F Coomans and R Konneman (Eds), Cases and Concepts on Extraterritorial Obligations in the area of Economic, Social and Cultural Rights (Intersentia 2012). 54 According to the AB, Article 3.2 of the DSU argues that WTO law must be understood within the framework of broader international law, including multilateral environmental agreements. WTO, AB Report, US-Gasoline (1996) [30]. 37 See Restatement of the Law (Third) on Foreign Relations Law of the United States (1986). See section 402 on the general principles of extraterritorial jurisdiction and section 415 on cartels and abuse of dominance. 87 AB found that Article XX, point g), applied to the above situation and did not further consider the application of Article XX, point b) (WTO, AB, U.S. state import of certain shrimp and shrimp products (1998) WT/DS58/AB/R, item 1.

129.) With respect to Art XX (g), the AB referred to CITES Appx 1, which listed the seven species of sea turtles recognized at the time. An essential reading to understand the conceptual issues and the main legal and political issues that underlie this theme. Emphasis has been placed on the extraterritorial application of civil and political rights treaties, in particular the European Convention on Human Rights. The author defends a territorial notion of jurisdiction that de facto resembles an effective global control of territories and places, which would apply to the positive obligations of the State in terms of safeguarding or guaranteeing human rights.

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