The WTO and sustainable development

The relationship between trade and sustainable development is complex and challenging. In this chapter, I shall focus on one component of that challenge: the relationship between trade and environment. I shall argue that, contrary to general opinion, the environment has made significant progress in the World Trade Organization (WTO). This arises not so much from the progress in environmentally-related negotiations nor from the regular work of the WTO Committee on Trade and Environment (CTE), but from the work of the Dispute Settlement Body (DSB) and, in particular, the Appellate Body. While this has led to charges of ‘judicial activism’ on the part of the Appellate Body, I argue that the Appellate Body is simply fulfilling its mandate to clarify and interpret WTO law and to fill gaps left by negotiators.