An uninvited commodity: synergizing international trade and environmental agreements to combat the spread of invasive species

• Pages: 715-742
• Date: 01 July 2024
• Published date: 01 July 2024
• Author: Olivia Kreft
• Subject Matter: Derecho Internacional

AN UNINVITED COMMODITY: SYNERGIZING

INTERNATIONAL TRADE AND ENVIRONMENTAL

AGREEMENTS TO COMBAT THE SPREAD OF

INVASIVE SPECIES

OLIVIA KREFT*

ABSTRACT

In recent decades, fast-paced globalization and increased levels of interna-

tional trade have made countries more intertwined than ever before. While a robust

system of international trade can undoubtedly spur global economic growth, it can

also be the catalyst for unintended environmental harm. In particular, the growth

of international trade has exacerbated the spread of invasive alien species (IAS)

across borders, causing widespread threats to ecosystems, food sources, economic sec-

tors, and public health. While IAS are most commonly known for their harm to

global biodiversity, they also threaten the achievement of 10 of the 17 United

Nations Sustainable Development Goals. Today, IAS and international trade

have become so intertwined that a country’s level of imports is now the strongest

predictor of the number of IAS within their borders. However, the current interna-

tional trade regime fails to adequately recognize and address the problem of IAS

within multilateral trade agreements and instruments. While this leaves all

nations vulnerable to threats from IAS, it is particularly concerning for developing

nations who often face heightened risks to their economies and food systems due to

IAS invasions.

This Note aims to shed light on the potential for synergy between multilateral

environmental agreements and international trade agreements, particularly the

United Nations Convention on Biological Diversity (CBD) and the World Trade

Organization Agreement on the Application of Sanitary and Phytosanitary

Measures (SPS Agreement). Through either merging key def‌initions related to

IAS within existing agreements or expanding the SPS Agreement’s standard-

setting bodies to include the CBD, this Note highlights opportunities to bring

the prevention of IAS to the forefront of the international trade law frame-

work. Further, while legal changes are key, this Note f‌inds that they are just

* Olivia Kreft. Georgetown University Law Center, J.D. 2024; Michigan State University, B.A.

2019. The author would like to sincerely thank her advisor on this paper, Professor Katrin

Kuhlmann, for reviewing drafts, providing feedback, and supporting her exploration of this

unique topic. She would also like to thank her father, John Kreft, whose passion for ecosystem

and wildlife conservation inspired her lifelong interest in international environmental law and

policy. Lastly, she would like to thank the GJIL staff who helped improve this Note at every stage

of the editing process. V

C 2024, Olivia Kreft.

715

one piece of the puzzle in supporting governments, particularly those of develop-

ing nations, in effectively responding to the threat of IAS brought on by

increased levels of trade. In this vein, the Note emphasizes the need for increased

capacity building for developing nations to effectively take advantage of these

potential legal solutions, focusing on increasing the f‌lexibility of the SPS

Agreement’s risk assessment and scientif‌ic f‌inding requirement as well as

utilizing preexisting risk assessment mechanisms through smart collaborat-

ing with external sectors.

I. INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 717

II. INTRODUCTION TO INTERNATIONAL TRADE AND THE THREAT

OF INVASIVE SPECIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 718

A. IAS Threatening Biodiversity . . . . . . . . . . . . . . . . . . . . . . 719

B. IAS Threatening United Nations Sustainable Development

Goals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 720

C. How International Trade Spreads IAS Around the Globe . . . 723

1. Stage One: Transportation of IAS . . . . . . . . . . . . . 723

2. Stage Two: Establishment of IAS . . . . . . . . . . . . . . 724

III. THE CURRENT LEGAL LANDSCAPE: INTERNATIONAL TRADE

AND INTERNATIONAL ENVIRONMENTAL LAW AGREEMENTS

RELATED TO IAS PREVENTION . . . . . . . . . . . . . . . . . . . . . . . . 725

A. Trade Law Mechanisms for Preventing the Spread of IAS . . . 725

1. The General Agreement on Tariffs and Trade . . . 726

2. WTO Agreement on the Application of Sanitary

and Phytosanitary Measures . . . . . . . . . . . . . . . . . 727

3. SPS Standard-Setting Bodies . . . . . . . . . . . . . . . . . 729

a. The International Plant Protection Convention .. . 729

b. The World Organization for Animal Health .. . 730

B. Environmental Law Mechanisms for Preventing the Spread

of IAS .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 730

1. United Nations Convention on Biological Diversity 731

2. The Convention on International Trade in

Endangered Species of Wild Fauna and Flora .. . . 732

IV. OPPORTUNITIES AND CHALLENGES FOR EFFECTIVE

IMPLEMENTATION OF IAS PREVENTION MEASURES . . . . . . . . . 733

A. Synergy and Harmonization of Language between Trade and

Environmental Agreements . . . . . . . . . . . . . . . . . . . . . . . . 733

1. Gaps in Empowering Policy Actions Aimed at

Preventing the Spread of IAS . . . . . . . . . . . . . . . . 734

2. Potential Solutions and Recommendations . . . . . 737

B. Unique Capacity Building Challenges for Developing Nations 738

GEORGETOWN JOURNAL OF INTERNATIONAL LAW

716 [Vol. 55