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The trade rules define virtually all obstacles to trade as unfair trade barriers, even if the measures are designed to protect the environment. The WTO authorizes one country to challenge another country's laws before panels of trade experts operating in secret. If a law is found to be an unfair trade barrier, the WTO can authorize imposition of trade sanctions to force a change in the law.
While the WTO has exceptions for conserving natural resources and for protecting human health, the regulating country bears the burden of proving that the exception applies. These exceptions have so many conditions and prerequisites that it is extremely difficult for any domestic protection to pass muster.
The WTO's Anti-Environmental Track Record
Every environmental and public health measure challenged at the WTO has been found to violate the WTO agreements and not to satisfy the terms of the exceptions:
While the federal government negotiates trade agreements and represents the United States in dispute settlement proceedings, the reach of the agreements is not limited to federal law. Once the United States enters into a trade agreement, it has bound the 50 states and local governments and subjected their laws to trade challenges.
Secrecy and Lack of Public Participation in WTO Disputes
Trade challenges are decided in secret by dispute settlement panels comprised of three individuals. The WTO has a list of eligible panelists who must have experience in trade matters and who generally are former trade officials. Few have any training or experience in health or environmental disciplines. Only WTO countries have a right to submit briefs and attend the panel proceedings. The public is entirely shut out of the process.
The WTO's Potent Remedy: Authorized Trade Sanctions
If a dispute panel finds a law to be in violation of the WTO rules, it recommends that the law be changed. Generally, countries abide by this recommendation. However, if they do not, the WTO can, and generally does, authorize imposition of trade sanctions against the offending country. This has proven to be a potent device for forcing a change in the underlying law. The United States recently imposed such trade sanctions against the European Union in excess of $120 million because the EU has not repealed its ban on imports of hormone-treated beef. Often the mere threat of a challenge succeeds in derailing passage of an environmental law or weakening its domestic implementation.
The Seattle Ministerial Meeting
A WTO Ministerial meeting will be held in Seattle, WA from November 30 through December 3, 1999, to decide whether to initiate a new round of negotiations to expand WTO rules. Because of great dissatisfaction with the WTO's rules and operations, environmental organizations are advocating for an assessment round, as opposed to a negotiating round, to review and address the successes and failures of the WTO to date.
Review and Repair
No wonder there is growing concern among citizens around the globe, and an ever-increasing cry to REVIEW and REPAIR the WTO before extending its reach.
What you can do to help:
This is a rare opportunity to profile the trade concerns of the environmental community. There will be a broad spectrum of educational events, hosting opportunities, protests and much more. To find out how you can become involved in this important and exciting event contact:
Citizen's Host Committee - www.seattlewto.org
Public Citizen's Global Trade Watch - www.citizen.org/pctrade/tradehome.html
International Forum on Globalization - www.ifg.org
Institute for Agriculture and Trade Policy - www.iatp.org