The Role of International Court of Justice in Trade and Environmental Disputes

Abstract

Nation States cannot survive in isolation. They are under a constant threat of security dilemma and compete to access or gain the sources. Countries are interdependent on one another for economic, social, cultural or institutional purposes. Inter dependency is usually associated with a trend towards cooperation and integration in World affairs. International Law is the law that governs States and other International actors. Established in the year 1945, the International Court of Justice is also commonly referred to as the World Court. The International Court of Justice addresses a wide range of disputes arising between countries. Trade and Environment are two sectors under this law. Trade helps in exchange of resources from one country to another. In the recent times, awareness on environmental protection has increased among the general public. Natural resources are unique to every country. Deterioration of our environment due to human activities causes conflict of interest and gives rise to a dispute at international level.

Sustainable development has become an unavoidable paradigm that should, as commonly accepted, underpin most, if not all, human actions. It pervades the environmental, social, political, economic, and cultural discourses from the local through to the ‘global’ level by both the public and private sectors. Early origins of an intimate connection between nature preservation (and wise management) and economic development – which is at the heart of sustainable development – can be traced back to the 19th and 18th centuries. But the modern understanding of the concept, and its recognition at the International Community level, is largely the result of a vast UN-led promotion operation.

This paper deals with the role of International Court of Justice in dealing with Trade and environmental related disputes. It throws light on the mechanism established by the World Trade Organisation in addressing these issues. This paper also gives an overview of important case laws and mentions the provisions under International instruments such as GATT (General Agreement on Trade and Tariff) and NAFTA. The aim of this paper is to address the issues arising out of trade and environment with plausible solutions. This paper talks about the importance of both trade and environment in order to achieve sustainable development.