Journals Proceedings

Abstract

This paper examines the role of World Trade Organization (WTO) in balancing the nexus between trade liberalization, environmental protection, public health safety and sovereignty. The paper analyses seven WTO cases by analyzing the cases on US-Gasoline, US-Shrimp, US- Clove Cigarettes, ECAsbestos,Australia-Tobacco Plain Packaging,Australia-Apples,Canada- Pharmaceutical Patents which were lodged to Dispute Settlement Body in various grounds of trade restrictions. This study considers the legal elements of GATT/WTO ‘exceptions’ to non-discrimination principles with regards to health concerns(human, animal, plant) and evaluate its interpretation and practical scope of application in the WTO cases. A cautious analysis of the rulings reveals that governments may pursue environmental and health goals if they do not discriminate among their trade partners and can provide scientific support for their regulations.