The Macrotheme Review A multidisciplinary journal of global macro trends REGULATORY TRADE RESTRICTIONS TO PROTECT THE DOMESTIC ENVIRONMENT: THE CASE OF MALAYSIA

Content Provider	CiteSeerX
Author	Shafiee, Yanti Ahmad
Abstract	This article is about the role of Malaysia as a developing country in balancing free trade and environmental protection. The objective is to explore whether the government of Malaysia is imposing any trade restrictions in terms of regulation and whether it is effective. One of the trade restrictions which could be imposed in order to protect a country domestic environment is by restraining imports on products and services that do not comply with domestic environmental norms. For example, in the case of United States- Imports Prohibition of Certain Shrimp and Shrimp Products, a dispute that went before the WTO Dispute Settlement Panel in 1997; United States had imposed an embargo which ban all the imports of shrimps and shrimps products from India, Pakistan, Thailand and Malaysia because these countries had harvested shrimps and shrimps product without using a turtle exclusion device (TED). These countries ’ act had contravened Section 609 of the US Public Law 101-102. Thus, the question here is how can Malaysia effectively implement its environmental related trade restrictions in order to protect its domestic environment and at the same time, without affecting its international trading. This is a doctrinal research where the study is on international trade agreements such as the General Agreement on Tariff and Trade (GATT), World Trade Organization (WTO) agreements; Multilateral Environment Agreements (MEA), Malaysia trade policy, Malaysia domestic laws which apply and implement trade related environmental provisions; and relevant cases which involved trade and environment conflict. This research will determine whether or not Malaysia is able to implement regulatory trade restrictions in view of environmental protection.
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Subject Keyword	Doctrinal Research Malaysia Trade Policy Domestic Environment Environmental Related Trade Restriction U Public Law Country Act Multilateral Environment Agreement Environmental Provision Regulatory Trade Restriction General Agreement World Trade Organization Environmental Protection Shrimp Product Certain Shrimp International Trading Country Domestic Environment Free Trade Environment Conflict Case Malaysia Domestic Environmental Norm United State International Trade Agreement Turtle Exclusion Device Trade Restriction Implement Trade Relevant Case United State Import Prohibition Macrotheme Review Multidisciplinary Journal Malaysia Domestic Law Wto Dispute Settlement Panel
Content Type	Text
Resource Type	Article