Мерките за опазване на морското биоразнообразие в контекста на свободата на международната морска търговия
Marine Biodiversity Conservation Measures in the Context of Freedom of International Maritime Trade

Summary/Abstract: The present article discusses the legitimacy of measures protecting marine biodiversity as permissible exceptions to the principle of freedom of trade under trade agreements operating within the World Trade Organization. To this end, the article classifies the risks to marine biodiversity posed by increased maritime trade and outlines the general and specific problems facing the invocation of general exceptions under trade agreements, given the particularities of the WTO system. A brief overview of the marine biodiversity protection regime in the European Union is made. The article concludes that framing measures protecting marine biodiversity as exceptions to the general regime under trade agreements does not contribute to protecting the World Ocean, therefore it proposes alternative protection measures that do not include restrictive trade measures and that are compatible with the obligations of member states of both the WTO and the EU, including the Republic of Bulgaria.

• Details
• Contents