Extent of WTO Rules on Domestic Environmental Protection Policies

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Introduction
The world trade organization has not been very successful in facilitating the development and
application of Domestic environmental protection policies. It is clear little has been done by
WTO to ensure effective protection of the environment. The WTO rules are more aimed at
facilitating trade among member countries than protecting the environment in a sustainable
manner.
Extent to which (if any) the WTO Rules adversely affect the environment by constraining the
development and application of domestic environmental protection policies
There exists a number of trade barriers which posses a huge risk on environmental protection
which WTO is reluctant about. For instance coal, road transport, agricultural and fishery
subsidies present a huge risk to environment in a number of countries. Moreover, there are still
various policy and law restrictions imposed by the world trade organizations on environmental
services and goods trade like technologies for noise pollution abatement, water, air, solid waste
and waste water techniques of management and other environmental protection regulations.
In other words, if the world trade organization would ease the lifting of such hindrances or
restrictions, there would be lowering of the overall environmental protection costs. For
instance in the case of Import Prohibition of Certain Shrimp and Shrimp Products where by
Thailand, Pakistan, Malaysia and India accused the US of import prohibition of certain shrimp
and shrimp products. The US had undertaken this strategy as a way of protecting the sea
turtles. As per the act of 1973 there was general prohibition of the five species of sea turles to
be taken in high seas or its territorial area as they were listed endangered. Where there is

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significant probability of encountering the sea turtles, the 1973 act called for the US shrimp
trawlers to use the devices of Turtle excluder in the overall nets while carrying out fishing in
such areas. The panel based on GATT Article XI and considered the US ban as illegal. There is
limitation of import restrictions or prohibitions as per this article (The general agreement on
tariffs and trade 1986). Also, basing on article XX of the GAAT, the US banned was illegal and
unjustifiable. Therefore such WTO laws have negatively impacted the environmental protection
initiatives undertaken by the Domestic countries.
Additionally, there is no proper inclusion of the precautionary principle by the World trade
organization rules. It is very clear that the overall human health damage and scientific
uncertainty world trade organization treatment is in dire need of resolution due to the fact that
it’s highly ambiguous. Even if in the absence of scientific evidence, the precautionary principle
gives room for the implementation of preventive measures to avoid harm to human health or
the environment. This is popular in situations where it is impossible or difficult to provide
evidence as a result of ignorance or uncertainty. Therefore there is fundamental unsatisfactory
in the overall incorporation of the principle of precautionary with in World trade organization
rules (WTO).It is imperative to note that it is only in the application of sanitary and
phytosanitary measures where the precautionary principle is found. There is also neglect of
scientific uncertainty given that the SPS treaty in its current form offer provision measures
undertaken with recourse to the principle of precautionary (Davis and Wilf 2017).
However, to some extent there is no Bad environmental record associated with World trade
organization jurisprudence. It is clear that there some element of environmental friendliness