Cambridge Studies in International and Comparative Law: Series Number 8: Trade and the Environment: A Comparative Study of EC and US Law

Trade and the Environment is a penetrating analysis of the relation between trade and environmental protection policies in the EC and the US. It argues that the international tensions arising from policies designed to protect trade and the environment can be resolved by the free trade provisions of the EC Treaty and the US Constitution, and from the setting of common environmental standards for all parties. It discusses also the contributions of the judiciary and legislature toward the solution of these tensions. The interaction between them, writes Dr Geradin, shapes the balance between trade and environmental objectives in the Community and the United States. More generally, they define the progress of environmental protection in these systems.

Introduction; 1. Selective invalidation of trade restrictive member state environmental measures - the case-law of the Court of Justice; 2. Selective invalidation of trade restrictive state environmental measures - the case-law of the Supreme Court; 3. Comparative analysis; 4. The limits of judicial intervention and the need for legislative intervention; 5. Harmonization of environmental standards in European Community law; 6. Harmonization of environmental standards in United States law; 7. Comparative Analysis; 8. Conclusion.