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Cardozo Journal of International and Comparative Law

Abstract

The article examines the differing approaches of the European Union (EU) and the North American Free Trade Agreement (NAFTA) in reconciling trade liberalization with environmental protection. While the EU employs a proportionality principle that prioritizes environmental protection over trade in cases of conflict, NAFTA uses a least-trade-restrictive principle to balance these interests. The analysis highlights that both systems reflect distinct political, economic, and legal frameworks but could benefit from learning each other's strengths and addressing their respective weaknesses.

Disciplines

Environmental Law | International Trade Law | Law

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