Conservation and sustainable use of biodiversity in the international regulation of trade in goods

Abstract

This chapter examines how the objectives of conservation and sustainable use of biodiversity have been considered within the rules of the multilateral trading system and other international agreements on trade in goods. Initially, the concept of development was conceived in productivist terms, without any explicit reference to the protection of biodiversity. The Marrakesh Agreements incorporated the objective of sustainable development but introduced few environmental provisions in their precepts. The dispute settlement system of the World Trade Organization (WTO) has been highly relevant for the promotion of conciliation between trade and the environment, interpreting criteria to determine whether trade restrictions imposed for the conservation and sustainable use of biodiversity are compatible with WTO rules. However, an analysis of such case law shows that this interpretative path has limitations, and it underlines the need for more ambitious negotiations. The stalled Doha Round is now focusing its efforts on the adoption of a new multilateral agreement against the most harmful fisheries subsidies, which is explicitly linked to the Sustainable Development Goals (SDGs). New regional trade agreements are incorporating many provisions on sustainable development and trade in forest products, fisheries and wildlife protection. These trends towards green trade agreements are promising, but the effective application of such systemic interconnections is still a major challenge.