O órgão de solução de controvérsias da Organização Mundial do Comércio (OMC) e sua adequação para a resolução de conflitos ambientais

Abstract

The present study intends to analyze issues related to international trade and the environment, specially how the World Trade Organization (WTO), through its the Dispute Settlement Body (DSB), can be considered an appropriate locus to deal with environmental conflicts. Thus, it examines, briefly, the international law fragmentation and how the regulation of international trade and environment occurred. Then seeks to demonstrate the environment protection within the WTO’s rules, focusing on article XX of the GATT and its exceptions in subparagraphs b) and g). Finally, it studies WTO’s Dispute Settlement Body and two important cases submitted to it, involving the issue of trade and environment, emphasizing mainly its suitability for the environmental conflicts, whether it is an appropriate mean for the real protection of nature regarding the balanced treatment of free trade.