El medio ambiente en la minería

47 ALENA SINDELAR ---------------------------------------------------- Before leaving this subject 1might note that of almost 300 notifications in the past 10 years to GATI of national environmental regulations and standards, not one has becn chaUenged on commercial grounds. During the same time we have had only six environmental and health disputes before the GATI. The most recent, and perhaps the most celebrated, dispute concemed, as you all know, U.S. restrictions on tuna and tuna products from Mexico. The essence of the dispute panel's report was that tbe U. S. restrictions could not be justified under the GATI, since they were intended to protect animal life outside the jurisdiction of the United States. Perbaps a11 of this sounds a bit self-satisfied, as though 1were suggesting that aU of tbe questions which might come before the GATI already bave becn answered. OC course, that is not the case. As 1 already mentioned, the GATI secretariat recentIy publisbed a study on trade and tbe environment in its annual report on intemational trade for 1990/91. We do not pretend tbat tbis study provides a1l of the answers or tbat it is tbe last word on tbe subject. Rather, it represents a first exploration of some questions tbat probably will be before the intemational community for some time to come. AIso the contracting parties recentIy have activated a long-standing, but previously dormant, "Group on Environmental Measures and Intemational Trade". Altbougb this group has an initial agenda ofjust tbree topies, 1suspect tbat it will be meeting for a long time to come. Al tbis point 1would like to look at sorne of the questions conceming trade and tbe environment tbat tbe intemational community will bave to address, not just this year, but probably over tbe remainder of this century, and discuss tbe part that the GAIT can play in searchíng for answers. First, there is the question of the extent to which environmental standards should be harmonized world-wide. Clearly, GATI lacles the competence to set environmental standards, and 1 seriously doubt whether govemments would want GATI meetings to address the question of whether specific standards should be harmonized. GATI member countries, however, bave acknowledged botb in the standards agreement (somewhat renegotiated in the UruguayRound) and in tbe present draft agreement on sanitary and phytosanitary measures that barmonization can help to prevent trade restrictions and trade obstac]es. There is no require– ment, on the otber hand, tbat standards be barmonized nor, in particular, that they be harmonized downwards. This question, of course, reaches far beyond the provisions of tbese two GA TI' agreements. Most professional economists probably would argue that if a