by Gregory Shaffer, Professor, University of Wisconsin Law School The final version was published in 25 Harvard Environmental Law Review 1-93 (Winter 2001). I. Theoretical Approaches to the WTO’s Treatment of Trade and Environment Matters: The Confrontation of Empirics A. An Intergovernmental Approach B. A Supranational Technocratic Approach C. A Civil Society/Stakeholder Approach II. Why Was the WTO Committee on Trade and Environment Formed? III. What Accounts for the Agenda of the Committee on Trade and Environment? A. Market Access Issues of Concern to All B. Environmental Issues of Primary Concern to the United States and EC C. Environmental Issues of Primary Concern to Developing Countries IV. Alternative Explanations of the Current Status of the CTE Process: Contending States, Neoliberal Networks, Conflicted Stakeholders A. Why Negotiation of the 1996 CTE Report Mattered B. The Predominant Role of States 1. Intra-State Conflicts 2. State Power 3. Divisions between Powerful States 4. Divisions between Developing Countries 5. Attempts to Change Southern Norms C. Role of Neoliberal Interests and Ideas 1. Role of State Trade Bureaucracies 2. Role of Business Interests 3. Role of the WTO Secretariat D. Role of Other Stakeholders: Environmental and Developmental Non-governmental Organizations E. Relation of State and Stakeholder Positions V. Legacies of the WTO Committee on Trade and Environment: Spillover Effects Within and Outside of the World Trade Organization A. The CTE as a Laboratory for Increasing WTO Transparency: Enhancing the Role of Civil Society? B. The CTE as a Mechanism for Overseeing Environmental Policy: Enhancing the Role of Technocratic Elites?
VI. Conclusions: The World Trade Organization as a Conduit for States Responding to Domestic Pressures; The Prospects of a World Environment Organization A. A... [continues]
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