THE LEGAL FRAMEWORK OF INTERNATIONAL TRADE INSTITUTIONS AND THEIR IMPACT ON ENVIRONMENT IN ETHIOPIA

Abstract

The purpose of the study was to reveal environmental subordination of international trade institutions. It also determined the fate of the environment after the accession of Ethiopia to the international trade institutions. There is no single institution enforcing trade-environment debates. However, there are no clear and adequate legal provisions in the existing international or regional trade organization legal frameworks recognizing the environment as legal personality. International trade instigates one of the environmental problems like global warming, environmental degradation and economic globalization. It is also a failure of regulating TNCs which has led to further the problem. The general objective was to analyze the legal frameworks of international trade institutions and the danger that it may pose on the environment of Ethiopia. In order to attain the general objective, the study tried to point out the role of TNCs subordination of environmental concerns using doctrinal legal research methods complemented by some non-doctrinal/socio-legal research methods and by employing content analysis of qualitative data analysis. The findings of show that the Ethiopian policies and laws will be adversely affected by the legal frameworks of the international trade institutions. When Ethiopia accedes to the WTO or ratify other regional FTA Agreements, the applicability of the constitutionally guaranteed rights will be highly limited as a result of the weak legal framework of international institutions in protecting the environment. In sum, the legal frameworks of those international trade institutions will negatively impact on the Ethiopian environment. One may conclude that the efforts of the Ethiopian Government to accede to the WTO may negatively affect the country’s environment because the legal frameworks of the international trade institutions exacerbate poverty and environmental degradation which are against the Ethiopian GTP and the CRGE. Surprisingly, there is an economic growth without Ethiopia has accessed to WTO. Thus, it is recommended that the Ethiopian government should establish an independent and permanent environmental adjudicatory body in order to battle environmental harms caused by joining to the international trade institutions, like WTO. Finally, if the Government aspires to protect the Ethiopian environment, it should also refrain it self from accessing to the international trade institutions.