A regulação da proteção ambiental na Organização Mundial do Comércio-OMC

Abstract

This dissertation, inserted in the parameters of the bibliographical revision, searched to analyze the forms of regulation of the ambient protection in the scope of the OMC. The OMC has a much more ample target that its predecessor, GATT 1947, therefore beyond incorporating the diverse changes gradually effected in the treated one that it preceded to it, included, throughout the Uruguay Round of multilateral negotiations (1986-1994) new subjects of great repercussion for the international trade between the countries. Amongst the diverse enclosed or related subjects to the multilateral system of commerce, few subjects are so interesting and current how much the relation that the OMC has with the protection of the environment and the concretion of the ideal of sustainable development. It does not have, amongst the Agreements of the Round Uruguay, a specific agreement on the subject. It has some parameters that come being argued in the scope of the OMC, as for example, the OMC is not an agency of protection to the environment; the rules of the GATT/OMC enclose a significant target for the ambient protection; the developing countries must have an ample access the markets; the coordination between commerce and environment must be extended. The Agency of Solution of Controversies comes interpreting the relation of the commercial norms with the ambient norms. It has an attempt in the Agency to preserve the free commerce, but at the same time not to ignore the environment.