international environment agreements could also be in jeopardy as a result of the Tuna/Dolphin cases and other GATT panel decisions (Miller, 1994, p. 485). While advocates of free trade have insisted that the environment can be addressed outside of GATT's framework, the environmental community has fervently argued that the existing GATT framework has fallen short of being an effective means for dealing with environmental problems.
GATT in the Context of the Tuna/Dolphin Cases
The General Agreement on Tariffs and Trade emerged after World War II as the principal institution governing international trade. GATT has functioned effectively since it first came into operation in 1948. The GATT functions as a forum for the 116 member countries to negotiate reductions in trade barriers and to discuss trade distortions affecting free circulation of goods among member nations (Mayer, 1993, p. 187). The GATT's principal purpose is to liberalize world trade across national boundaries by promoting specialization through maximizing the welfare of all people under the theory of competitive advantage.
However, some activity associated with increased free trade has some negative consequences for the environment when examined in the context of sustainable development. Although world development is an indispensable necessity to eradicate poverty, and expanded international trade is an integral part of that development, environmentally sustainable development is a concept that stresses that free trade and accelerated development cannot be achieved at the expense of environmental protection. The goal of sustainable development implied that the present generation must act as caretakers of the environment for future generations. Therefore, placing restraints on trading practices and patterns is a necessary and legitimate measure "to ensure that the instrument of trade leads to environmentally sustainable development" (Miller, 1994, pp. 487-4...