CAN THE CONCEPT OF ‘JUSTICE’ BE EMPLOYED IN NORTH-SOUTH TRADE TO SERVE THE INTERESTS OF THE SOUTH IN WAYS THAT SUSTAINABLE DEVELOPMENT CANNOT?

Abstract

This paper examines the issue of how trade, environment and sustainable development has impinged on aspirations of the global South. The paper finds that the existing trade-related environmental measures, particularly several rules and principles of GATT and WTO agreements, such as the GATT Articles XX(b) and (g), and the WTO covered Agreement on the Application of Sanitary and Phytosanitary Measures are used by the Northern countries without considering the interests, concerns, abilities and the socio-economic conditions of developing countries. Against this backdrop, it is argued that any unfair and unbalanced trading system, without considering the capacity constraints of the global South is bound to perpetuate poverty and thus will hamper the advancement of developing countries. In a bid to bring a pertinent solution congruent with the interests of the global South this paper argues for the adoption of concepts of distributive, procedural and corrective justice in the global trade regime.