INTERNATIONAL TRADING RULES & THE POPS CONVENTION

The document examines the intersection of the proposed global agreement to eliminate persistent organic pollutants (POPs) and the rules of the World Trade Organization (WTO). It argues that trade-related measures are essential tools for achieving the Convention's goals, such as preventing the export of POPs to non-parties and encouraging broad participation. The authors contend that such measures, when developed multilaterally, are likely to be consistent with WTO rules under GATT Article XX environmental exceptions, which protect measures necessary for the protection of human, animal, or plant life and health. The brief specifically warns against a proposed "WTO supremacy clause" (Article N bis), arguing it would unnecessarily subordinate environmental mandates to trade rules and undermine the presumption that multilateral environmental agreements (MEAs) are WTO-consistent. It concludes that negotiators should explicitly include necessary trade measures and remove the supremacy clause to ensure the Convention's effectiveness.

• The proposed POPs Convention aims to eliminate twelve prioritized persistent organic pollutants, including dioxin, PCBs, and DDT, which are characterized by their ability to persist in the environment, undergo long-range transport, and bioaccumulate in tissue.
• Trade-related measures are viewed as critical for the POPs Convention to prevent the export of substances to non-parties, which would otherwise undermine phase-out obligations, and to incentivize non-parties to join the agreement.
• The authors argue that a "WTO supremacy clause" (proposed in article N bis) is dangerous because it explicitly establishes the superiority of WTO rules over the Convention, potentially encouraging states to challenge multilateral environmental measures at the WTO.
• Under GATT Article XX, WTO members can justify trade measures that violate core obligations if they are "necessary to protect human, animal or plant life or health" (Article XX(b)) or relate to the "conservation of exhaustible natural resources" (Article XX(g)).
• The document asserts that trade measures developed through a multilateral process are more likely to be viewed as WTO-consistent than unilateral measures, as they are less likely to be motivated by protectionism.
• The TBT and SPS Agreements encourage the use of international standards; the authors argue that measures authorized by the POPs Convention should be treated as such, creating a presumption of WTO consistency.
• For intentionally produced POPs, the draft Convention proposes elimination obligations (Annex A) and restriction obligations (Annex B), with the authors suggesting that import/export bans on these substances would be protected by GATT Article XX(b).

APA

Saladin, C., & Van Dyke, B. (1999). INTERNATIONAL TRADING RULES & THE POPS CONVENTION. Center for International Environmental Law. https://www.ciel.org/wp-content/uploads/2015/03/Ptfinal.pdf

Chicago

Saladin, Claudia, and Brennan Van Dyke. INTERNATIONAL TRADING RULES & THE POPS CONVENTION. Center for International Environmental Law, 1999. https://www.ciel.org/wp-content/uploads/2015/03/Ptfinal.pdf.

Wikipedia

{{cite report |last1=Saladin |first1=Claudia |last2=Van Dyke |first2=Brennan |title=INTERNATIONAL TRADING RULES & THE POPS CONVENTION |publisher=Center for International Environmental Law |date=November 1999 |url=https://www.ciel.org/wp-content/uploads/2015/03/Ptfinal.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{saladin1999international, author = {Saladin, Claudia and Van Dyke, Brennan}, title = {{INTERNATIONAL TRADING RULES \& THE POPS CONVENTION}}, institution = {Center for International Environmental Law}, year = {1999}, month = nov, url = {https://www.ciel.org/wp-content/uploads/2015/03/Ptfinal.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }