International trade and environmental disputes : an analysis of Article XX of the General Agreement on Tariffs and Trade (1994) and environmental policies of the developing and developed world
- Authors: Manjoro, Faith Tendayi
- Date: 2007
- Subjects: World Trade Organization General Agreement on Tariffs and Trade (Organization) Environmental protection Environmental degradation Free trade -- Environmental aspects Foreign trade regulation International trade
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:3713 , http://hdl.handle.net/10962/d1007444
- Description: A major problem emanating from the trade/environment conflict is the use of trade measures, such as restrictions and sanctions, as tools for environmental protection. Proponents of free trade argue that the use of these measures is tantamount to abuse of environmental standards for protectionist ends. This is particularly so if the imposition of the standard amounts to a unilateral act which blocks the entry of a specified product into the market of another member state for reasons other than environmental protection. Environmentalists at the same time argue that free trade will lead to environmental degradation and therefore advocate for the use of trade-restrictive measures to safeguard against the destruction of the environment. The GATT has proved problematic when it comes to the resolution of trade/environment conflicts. The GATT aims at trade liberalisation yet most environmental policies are enforced through trade-restrictive devices like quotas and licences. Article XX of the GATT is anomalous: it does not explicitly mention the environment, yet member states rely on it as an environmental protection clause. This thesis discusses the various issues emanating from the trade/environmental debate. The history of Article XX is reviewed and the issues that arise in the adjudication of Articles XX (b) and (g) in a trade/environment context are analysed in light of the decisions by the GATTIWTO dispute settlement bodies. The role played by Multilateral Environmental Agreements (MEAs) in protecting the environment is discussed. However, the relationship between MEAs and the WTO is also scrutinised as these rule-making bodies often come into conflict: firstly, because they serve two differing interests - on the one hand, MEAs allow for the use of trade restrictive measures in environmental agreements and on the other, the WTO calls for unrestricted trade unless exceptional circumstances exist; and secondly, member states that are party to both the WTO and MEAs are often forced to subscribe to international trade rules that are incompatible with those in environmental agreements. The trade/environmental debate is important to both the developed and developing worlds. The developed world is in favour of environmental policies which protect the environment from degradation. On the other hand, the developing world is in desperate need of the benefits of trade liberalisation so as to cater for high unemployment rates and poor economic growth. The question thus arises as to whether, when environmental issues are promoted, developing countries will not suffer at the expense of developed nations which may engage in protectionist measures under the pretext of environmental conservation. The divide between developed and developing countries is illustrated in Chapter 5 through case studies on coal mining in the USA and South Africa. The conclusion reached is that total co-operation is essential between developed and developing states for success in safeguarding the environment from degradation. Accordingly, the trade/environmental debate cannot be isolated from the conflicting approaches in developed and developing countries. The conclusions in the final chapter seek to strike a balance between trade liberalisation and environmental protection. Recommendations are made on how the trade/environmental challenges could be dealt with and the regulation of trade restrictive devices to exclude, or at least limit, protectionism.
- Full Text:
- Authors: Manjoro, Faith Tendayi
- Date: 2007
- Subjects: World Trade Organization General Agreement on Tariffs and Trade (Organization) Environmental protection Environmental degradation Free trade -- Environmental aspects Foreign trade regulation International trade
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:3713 , http://hdl.handle.net/10962/d1007444
- Description: A major problem emanating from the trade/environment conflict is the use of trade measures, such as restrictions and sanctions, as tools for environmental protection. Proponents of free trade argue that the use of these measures is tantamount to abuse of environmental standards for protectionist ends. This is particularly so if the imposition of the standard amounts to a unilateral act which blocks the entry of a specified product into the market of another member state for reasons other than environmental protection. Environmentalists at the same time argue that free trade will lead to environmental degradation and therefore advocate for the use of trade-restrictive measures to safeguard against the destruction of the environment. The GATT has proved problematic when it comes to the resolution of trade/environment conflicts. The GATT aims at trade liberalisation yet most environmental policies are enforced through trade-restrictive devices like quotas and licences. Article XX of the GATT is anomalous: it does not explicitly mention the environment, yet member states rely on it as an environmental protection clause. This thesis discusses the various issues emanating from the trade/environmental debate. The history of Article XX is reviewed and the issues that arise in the adjudication of Articles XX (b) and (g) in a trade/environment context are analysed in light of the decisions by the GATTIWTO dispute settlement bodies. The role played by Multilateral Environmental Agreements (MEAs) in protecting the environment is discussed. However, the relationship between MEAs and the WTO is also scrutinised as these rule-making bodies often come into conflict: firstly, because they serve two differing interests - on the one hand, MEAs allow for the use of trade restrictive measures in environmental agreements and on the other, the WTO calls for unrestricted trade unless exceptional circumstances exist; and secondly, member states that are party to both the WTO and MEAs are often forced to subscribe to international trade rules that are incompatible with those in environmental agreements. The trade/environmental debate is important to both the developed and developing worlds. The developed world is in favour of environmental policies which protect the environment from degradation. On the other hand, the developing world is in desperate need of the benefits of trade liberalisation so as to cater for high unemployment rates and poor economic growth. The question thus arises as to whether, when environmental issues are promoted, developing countries will not suffer at the expense of developed nations which may engage in protectionist measures under the pretext of environmental conservation. The divide between developed and developing countries is illustrated in Chapter 5 through case studies on coal mining in the USA and South Africa. The conclusion reached is that total co-operation is essential between developed and developing states for success in safeguarding the environment from degradation. Accordingly, the trade/environmental debate cannot be isolated from the conflicting approaches in developed and developing countries. The conclusions in the final chapter seek to strike a balance between trade liberalisation and environmental protection. Recommendations are made on how the trade/environmental challenges could be dealt with and the regulation of trade restrictive devices to exclude, or at least limit, protectionism.
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The biology and systematics of South African pipefishes of the genus Syngnathus
- Authors: Mwale, Monica
- Date: 2007
- Subjects: Pipefishes -- South Africa Syngnathus -- South Africa
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: vital:5237 , http://hdl.handle.net/10962/d1005080
- Description: Syngnathus the most speciose genus in the family Syngnathidae is widely in the Atlantic and Eastern Pacific oceans. However, it is poorly represented in the Indian Ocean with the only two species, Syngnathus temminckii and S. watermeyeri occurring in Southern African estuaries and coastal areas. Syngnathus temminckii the most common South African pipefish has been synonymised with S. acus, as the morphological and genetic divergence between these two populations has not been documented. There is also uncertainty in the taxonomic status of S. watermeyeri, an endemic estuarine pipefish that is restricted to two Eastern Cape estuaries. The purpose of this study was therefore to compare biological, morphological and genetic variation of South African Syngnathus species among different populations/locations, and with European populations of S. acus. Sixteen meristic and ten morphometric characteristics were quantified from specimens obtained from field as well as various international natural history museum collections. Univariate (ANOVA) and multivariate (principal component analysis and discriminant analyses) analyses were used to assess morphological differences among the species. Morphometric variables were adjusted as ratios of the standard length and using an allometric procedure. ANCOVA analysis indicated significant differences between S. acus and S. temminckii for the relationships of the standard length (SL) and all morphological characters. There was no significant correlation between SL and snout length, snout depth, inter-orbital width and trunk depth for S. watermeyeri. The analyses provided evidence for distinct populations of S. acus, S. temminckii and S. watermeyeri although morphological character differentiation was greater between S. watermeyeri and the other two larger species. Although, significant differences were observed for meristic characters, pairwise comparisons did not reflect a clear pattern of variability. Most of the measured morphological characters contributed more than 70% to the morphological variation between the populations. Plot of the canonical scores for the variables resulted in the specimens clustering according to species groups and locations of S. temminckii. Sequences of 750 base pairs of the mitochondrial cytochrome gene from 11 localities were compared with published sequences of other species of Syngnathus. Phylogenetic analysis was performed using parsimony, maximum likelihood (ML) and Bayesian inference (BI). The South African species were revealed to be sister-taxa with about 6 % divergence, while S. temminckii and S. acus had about 11% sequence divergence. 20 haplotypes among 46 total specimens from the three species. Gene flow was estimated at approximately 3 migrants per generation between the two South African populations and about 1 per generation between S. temminckii and S. acus. Such strong stock structuring among presumably recently established post-Pliocene (< 2 Million years ago) populations suggests that these species are reproductively isolated. Morphological and genetic variation observed in this study combined with current knowledge of life history attributes of the South African pipefishes indicate that conservative management decisions are necessary until the patterns and extent of differentiation among populations species-wide can be investigated further. It is thus being proposed that the name of the South African population of S. acus be changed to Syngnathus temminckii (Kaup, 1856).
- Full Text:
- Authors: Mwale, Monica
- Date: 2007
- Subjects: Pipefishes -- South Africa Syngnathus -- South Africa
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: vital:5237 , http://hdl.handle.net/10962/d1005080
- Description: Syngnathus the most speciose genus in the family Syngnathidae is widely in the Atlantic and Eastern Pacific oceans. However, it is poorly represented in the Indian Ocean with the only two species, Syngnathus temminckii and S. watermeyeri occurring in Southern African estuaries and coastal areas. Syngnathus temminckii the most common South African pipefish has been synonymised with S. acus, as the morphological and genetic divergence between these two populations has not been documented. There is also uncertainty in the taxonomic status of S. watermeyeri, an endemic estuarine pipefish that is restricted to two Eastern Cape estuaries. The purpose of this study was therefore to compare biological, morphological and genetic variation of South African Syngnathus species among different populations/locations, and with European populations of S. acus. Sixteen meristic and ten morphometric characteristics were quantified from specimens obtained from field as well as various international natural history museum collections. Univariate (ANOVA) and multivariate (principal component analysis and discriminant analyses) analyses were used to assess morphological differences among the species. Morphometric variables were adjusted as ratios of the standard length and using an allometric procedure. ANCOVA analysis indicated significant differences between S. acus and S. temminckii for the relationships of the standard length (SL) and all morphological characters. There was no significant correlation between SL and snout length, snout depth, inter-orbital width and trunk depth for S. watermeyeri. The analyses provided evidence for distinct populations of S. acus, S. temminckii and S. watermeyeri although morphological character differentiation was greater between S. watermeyeri and the other two larger species. Although, significant differences were observed for meristic characters, pairwise comparisons did not reflect a clear pattern of variability. Most of the measured morphological characters contributed more than 70% to the morphological variation between the populations. Plot of the canonical scores for the variables resulted in the specimens clustering according to species groups and locations of S. temminckii. Sequences of 750 base pairs of the mitochondrial cytochrome gene from 11 localities were compared with published sequences of other species of Syngnathus. Phylogenetic analysis was performed using parsimony, maximum likelihood (ML) and Bayesian inference (BI). The South African species were revealed to be sister-taxa with about 6 % divergence, while S. temminckii and S. acus had about 11% sequence divergence. 20 haplotypes among 46 total specimens from the three species. Gene flow was estimated at approximately 3 migrants per generation between the two South African populations and about 1 per generation between S. temminckii and S. acus. Such strong stock structuring among presumably recently established post-Pliocene (< 2 Million years ago) populations suggests that these species are reproductively isolated. Morphological and genetic variation observed in this study combined with current knowledge of life history attributes of the South African pipefishes indicate that conservative management decisions are necessary until the patterns and extent of differentiation among populations species-wide can be investigated further. It is thus being proposed that the name of the South African population of S. acus be changed to Syngnathus temminckii (Kaup, 1856).
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