Ecological Sensitivity and Global Legal Pluralism: Rethinking the Trade and Environment Conflict

Description

The tension between trade liberalization and environmental protection has received remarkable attention since the establishment of the WTO. It has triggered a wide-ranging debate, and played a central role in the discourse of the anti-globalization movement. This book offers a critique of this debate. It argues that in its focus on the WTO, this debate has failed to take account of the institutional and discursive complexity in which the trade-environment conflict is embedded. A legal investigation of this nexus requires a framework of inquiry in which this complexity can be elucidated; in other words, a model of global legal pluralism. This book offers such a model. A pluralistic portrait of the trade-environment conflict has important practical lessons. It means that the trade-environment conflict cannot be resolved by uniform economic or legal formulas. Coping with this conflict requires polycentric and contextual strategy. The book's second part explicates this general argument by examining several global legal domains (from the WTO to "private" transnational regimes). This part demonstrates how the different discursive and institutional structures of these domains have influenced the contours of the trade-environment problem, and considers the policy implications of this diversity.

Oren Perez is a Lecturer in Law at Bar-Ilan University, Israel.

...an important contribution...Perez opens up new possibilities of what an international trade regime could do, rather than simply arguing that additional values impinging upon trade should be taken into consideration. -- Halton A. Peters * Stanford Journal of International Law, Vol 42, No 1 * His approach should be commended, as should his clear and well-written presentation. He offers solid analysis of the law in these various realms studied and, usefully, brings it together into one volume. -- Cameron Hutchison * Journal of Environmental Law * ...concise, creative style...Each chapter includes pragmatic suggestions for leveraging the hidden sensitivities in each regime's culture to afford greater environmental protection... -- Christopher Cade Mosley * Global Law Books * ...a new and elucidating contribution -- Matthias Goldmann * Heidelberg Journal of International Law * ...well-written, innovative, and welcome contribution to the debate about the trade and environment conflict in the global institutional and legal context...refreshing and well-researched -- Kati Kulovesi, London School of Economics and Political Science * The Yearbook of European Environmental Law, Vol. 5 * The breadth of Perez's discussion is indeed impressive and well balanced...he carefully examines every aspect of the controversy, thus greatly enriching the debate. -- Ana Nina Martins * Leiden Journal of International Law *