Environmental Engineering Reference
In-Depth Information
permit limits on inputs (e.g . a volume of water or other resource being extracted), but not
on the number of service suppliers or service operations (e.g . incinerators, wells or
pipelines) (Waskow, 2003).
Hazardous waste
Hazardous waste management is covered by the same GATS subsector as solid waste,
so the same issues arise with respect to coverage. Coverage of hazardous waste sets
up a potential con
ict with measures that implement the Basel Convention, an agree-
ment that regulates international handling of hazardous waste, including a ban on
transport to countries that are not party to the convention (Basel Convention, arts IV
and XI).
The Basel Convention formally discriminates between nations based on their treaty
status and their domestic regulations. Such least-favored treatment is not consistent with
MFN under GATS, which is a general obligation that does not require a sector commit-
ment in order to be e
fl
ict between a WTO agreement and a mul-
tilateral environmental agreement (MEA) is the subject of negotiations in the WTO's
Committee on Trade and Environment. The Basel con
ff
ective. This kind of con
fl
fl
ict is on the agenda, but negotia-
tions are still at an early stage (WTO-CTE, 2007).
One way to implement the Basel Convention is simply to ban all imports and exports
of hazardous waste in order to avoid discriminatory e
ect. While that would avoid the
MFN issue under GATS, a ban could be challenged as a 'zero quota', which arguably vio-
lates the US commitment on MA (WTO- US - Gambling Services , 2005; Pauwelyn, 2005).
Countries could avoid this kind of treaty con
ff
fl
ict by limiting their GATS commitments
to not cover Basel measures.
GATS requires countries that want to limit or withdraw a commitment to compensate
other countries by o
ering to commit additional sectors (GATS art. XXI). 7 Limiting is
less expensive than withdrawing a commitment, but neither is likely. US negotiators value
their GATS commitments as an 'o
ff
ense' tool to press other countries for access to their
service markets. In their view, introducing new defensive limits on commitments invites
back-sliding by other countries.
That said, the recent internet gambling case presents one scenario in which the USA
might limit a GATS commitment: if it loses a trade dispute. Losing a trade dispute creates
an external threat of sanctions, and the WTO becomes the villain. Since most trade rules
are inherently vague, US trade o
ff
awed
logic. A search of the USTR's website shows 317 documents that criticize an interpreta-
tion as 'deeply
cials can criticize a WTO dispute they lose as
fl
fl
awed' (USTR, 2007c).
Environmental impact - focus on electricity
Renewable energy o
ers a strong 'win' scenario. Expanded trade (transmission, distribu-
tion, incidental services) can connect consumers to renewable sources of electricity that
are distant, sometimes across borders. By reducing dependence on coal, renewable energy
can dramatically cut pollution, acid rain and greenhouse gas emissions. Now a small part
of the energy economy (2 percent global share in 2002), renewables o
ff
er a way to avoid
the environmental consequences of burning coal, and they create diversi
ff
ed jobs. Like
pollution abatement, it is a market driven by government regulation and commitments
under international environmental agreements (ITC, 2005b).
fi
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