kantian_trade_1992-1f89826126535108.pdf

This research paper critiques a utilitarian (Millsian) approach to the intersection of international trade and environmental protection, arguing instead for a Kantian framework. The author contends that environmental imperatives—such as species preservation—are categorical duties that should not be balanced against economic benefits. The paper proposes a model of "competitive sustainability" to harmonize environmental standards upward through market incentives and trade rule reforms.

• The author argues that a utilitarian or 'Millsian' analysis, which seeks the greatest good for the greatest number, is inadequate for environmental protection because it fails to account for values that are 'categorical imperatives'—actions that are objectively necessary regardless of their economic cost or contribution to general human welfare.
• Species preservation is cited as a primary example of an environmental objective that cannot be justified by utilitarian economics. The author notes that the United States spends significant funds to preserve the California condor despite the species having little to no economic value to humanity, illustrating a stewardship imperative that transcends human welfare.
• The author critiques the 'endangerment' standard used in trade disputes (such as the Tuna/Dolphin case) as a trigger for environmental protection. He argues that waiting until a species is endangered is a 'woefully inadequate' standard that ignores the precautionary principle, as species may be beyond saving by the time they reach that stage.
• The paper argues against the practice of selling pesticides in developing countries that have been banned in the United States. While a utilitarian view might justify this based on the 'assimilative capacity' of the developing nation, the author asserts it is 'morally repugnant' to expose people in developing nations to threats deemed unacceptable in the U.S. for the sake of trade profits.
• The author defends the use of unilateral trade measures as a necessary tool to force international action on environmental threats. He claims that without the threat of sanctions, the international community would not have responded in time to save species like the hawksbill sea turtle or whales, nor would it have reached the agreement to preserve dolphins in the Eastern Tropical Pacific Ocean.
• The author proposes 'competitive sustainability,' a framework where trade rules are used to create a level playing field by rewarding the cleanest and most efficient economic actors. This includes 'harmonizing upward' environmental standards so that trade encourages restorative rather than degradative economic growth.
• To implement competitive sustainability, the author suggests three specific reforms: 1) introducing environmental countervailing duties to eliminate 'pollution subsidies' for companies in nations with weak laws; 2) redefining 'product' in GATT jurisprudence to include the full 'cradle to grave' life cycle; and 3) increasing public participation by allowing NGOs and affected parties to submit information in trade disputes.

APA

Center for International Environmental Law (n.d.). kantian_trade_1992-1f89826126535108.pdf. https://www.ciel.org/wp-content/uploads/2015/08/Kantian_Trade_1992.pdf

Chicago

Center for International Environmental Law. kantian_trade_1992-1f89826126535108.pdf. n.d. https://www.ciel.org/wp-content/uploads/2015/08/Kantian_Trade_1992.pdf.

Wikipedia

{{cite report |author=Center for International Environmental Law |title=kantian_trade_1992-1f89826126535108.pdf |url=https://www.ciel.org/wp-content/uploads/2015/08/Kantian_Trade_1992.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centerforinternationalenvironmentallawndkantiantrade19921f89826126535108pdf, author = {{Center for International Environmental Law}}, title = {{kantian\_trade\_1992-1f89826126535108.pdf}}, institution = {Center for International Environmental Law}, url = {https://www.ciel.org/wp-content/uploads/2015/08/Kantian_Trade_1992.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }