International Trade and the Environment

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International Trade and the Environment

• Environmentalists fear free trade advocates
  because..
• Free trade advocates fear environmentalists
  because..
• In era of free trade will countries with loose
  restrictions prosper? Will those with tight
  restrictions falter?
• How will these obstacles be overcome?

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Earth Island Institute Case

• The statute says, the agency says and finally the
  court says.

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U.S. Restriction on Imports of Tuna case

• Did the U.S. fail to make a compelling argument
  as to why the purse seine net restrictions were
  necessary to protect the dolphins?
• Did the Settlement Panel place a greater emphasis
  on trade rather than environmental protection?

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National Sovereignty

• Sovereignty as inherent authority of a
  government.
• Limits on sovereignty
• Presumption against extraterritorial application
• EDF, Inc. v. Massey case
• Where will decisions be made?
• Where will action take place?

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