Issue Brief on the World Trade Organization Supremacy Clause in the POPs Convention

This briefing paper by the Center for International Environmental Law argues against the inclusion of a "supremacy clause" in the draft Persistent Organic Pollutants (POPs) Convention. The author contends that such a clause, which suggests the convention will not affect rights and obligations under existing international agreements, would effectively subordinate environmental goals to World Trade Organization (WTO) rules and undermine the ability of nations to implement trade-related environmental measures.

• The draft POPs Convention, specifically in article N bis, contains a proposed supremacy clause stating: "The provisions of this Convention shall not affect the rights and obligations of any Party deriving from any existing international agreements."
• The inclusion of a supremacy clause threatens to make international trade law automatically superior to the POPs Convention, potentially subordinating the goal of eliminating POPs to the goals of the international trading system.
• A supremacy clause could undermine the existing consensus at the WTO that environmental exceptions (such as those in GATT art. XX(b) and (g)) apply to measures developed through multilateral environmental agreements.
• The author argues that the WTO's dispute settlement body (DSB) is an inappropriate forum for resolving conflicts between the POPs Convention and trade rules because its panels consist of trade experts who lack sufficient expertise in environmental policy and international law.
• The supremacy clause is deemed unnecessary because international rules of treaty interpretation, such as those in the Vienna Convention on the Law of Treaties, are already available to resolve conflicts between trade and environmental agreements.

APA

Center for International Environmental Law (1999). Issue Brief on the World Trade Organization Supremacy Clause in the POPs Convention. https://www.ciel.org/reports/proceed-to-ciels-issue-brief-on-the-world-trade-organization-supremacy-clause-in-the-pops-convention-2/

Chicago

Center for International Environmental Law. Issue Brief on the World Trade Organization Supremacy Clause in the POPs Convention. 1999. https://www.ciel.org/reports/proceed-to-ciels-issue-brief-on-the-world-trade-organization-supremacy-clause-in-the-pops-convention-2/.

Wikipedia

{{cite report |author=Center for International Environmental Law |title=Issue Brief on the World Trade Organization Supremacy Clause in the POPs Convention |date=1 July 1999 |url=https://www.ciel.org/reports/proceed-to-ciels-issue-brief-on-the-world-trade-organization-supremacy-clause-in-the-pops-convention-2/ |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centerforinternationalenvironmentallaw1999issue, author = {{Center for International Environmental Law}}, title = {{Issue Brief on the World Trade Organization Supremacy Clause in the POPs Convention}}, institution = {Center for International Environmental Law}, year = {1999}, month = jul, url = {https://www.ciel.org/reports/proceed-to-ciels-issue-brief-on-the-world-trade-organization-supremacy-clause-in-the-pops-convention-2/}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }