Trade Law and the Environment. Doug Farquhar, J.D. July 3, 2014. Product: The Slinky. Made in Philadelphia, Pennsylvania since 1945 Subject to Federal/State/Local Laws Chemicals subject to the Federal Toxic Substances Control Act
Trade Law and the Environment
Doug Farquhar, J.D.
July 3, 2014
Estimated 70-80% of toys sold in U.S. today come from China
Dept. of Homeland Security (not Consumer Product Safety Commission) only inspects about 1 out of every 100 cargo containers at Port Entries.
How can these farmers ensure their squash will be delivered and that payment will be received? Who will oversee the legality of these transactions?
California adopted an Organic Food Safety Standard
U.S. Government used the California standard as the U.S. standard until the U.S. Department of Agriculture developed a federal Organic Food Safety Standard
Do free trade agreements weaken state sovereignty?
The Burma Case
The Burma Case (continued)
The Burma Case
Investors receive assurances that the countries will not, directly or indirectly, expropriate or nationalize the businesses or industries they invest in, unless certain conditions are met:
Ethyl CorpBan on MMT into gasoline
MetalcladState/Local laws prohibiting hazardous waste facility
S.D. MyersBan on PCB waste exports
SunBelt WaterBiased treatment by against Corp. by British Columbia
Pope and TalbotLumber Quotas under softwood lumber agreement
Part I - Services
Part II - Obligations and Disciplines
Part III - Market Access and National Treatment
Part IV - Liberalization of Trade in Successive Rounds
Part V - Dispute Settlement Process
Accepts GATT Article XX exceptions
Environmental Measures permitted
Regulations must be 'pre-established, based on objective and transparent criteria and relevant to the supply of the services to which they apply'
United States, along with Australia, Brunei, Chile, Malaysia, New Zealand, Peru, Singapore, Vietnam
Core issues traditionally included in trade agreements
Cross-cutting issues not previously in trade agreements,
Doug Farquhar, JD
National Conference of State Legislatures