A efetividade das normas de direito internacional do meio ambiente frente às decisões do órgão de solução de controvérsias da OMC.

Abstract

Even though the international environmental law has many legal instruments that regulates the international protection of the environment in the current scenario of international law’s fragmentation, it still does not have a court with the jurisdiction to solve conflicts in this area. Therefore, in face of the expansion of international trade relations, this conflicts are often submitted to the appreciation of Dispute Settlement Body of the World Trade Organization Its own logic aimed at guaranteed commercial freedom and repressing the imposition of barriers to international trade. It is perceived that conflicts involving the international environmental law and WTO rules are submitted to appreciation of an organization whose objective is to safeguard international trade, being impossible to guarantee if the protection of the environment will actually be used as a parameter conflict resolution. The purpose of this paper is to evaluate the decisions made by the WTO Dispute Settlement Body concerning the acceptance of trade restrictive measures implemented as measures to protect the environment as exceptions to the GATT rules. (B) and (g) of Article XX of the GATT. By analyzing the selected cases, such as Tuna-Dolphin, US-Standarts for Reformulated and Conventional Gasoline, Brazil -Measures Affecting Imports of Retreaded Tires and Measures Relating to the Feed-in Tariff Program will be analyzed the treatment given by the OSC To environmental issues, in order to conclude whether the promotion of environmental protection and preservation is indeed one of the objectives pursued by the WTO. It is a hypothetical-deductive study, theoretical, bibliographic, descriptive and exploratory research.