By E.A.R. Ouano. Nature of Recyclable Trade Appreciation for the 3 Rs 3 Rs from the perspective of the developing countries Problems in trade negotiations.

byE.A.R. Ouano

Nature of Recyclable Trade Appreciation for the 3 Rs 3 Rs from the perspective of the

developing countries Problems in trade negotiations involving

recyclables Nature of Federal System Comparison of Trade and Federal

System

Almost all countries today agree and have polices on the 3Rs ( Recover, Reuse and Recycles)

All countries agree 3Rs uses less energy, materials, and generates less wastes

All countries today realized that their economies generates wastes that could not be effective recycled, reused, and recovered within their own territorial boundaries

Reasons for the need to export recyclables Quantity generated is too small to

commercially recover, reuse and recycle Segregation calls for manual labor which

with high labor cost makes the process uneconomical– to developing countries

Process calls for sophisticated technology that is difficult to operate and maintain with present level of sophistication- to developed countries

While a country may export recyclables it is hesitant to import recyclables Fear of undisclosed nature of the recyclables Fear of unwanted residues Fear of unwanted pollution from wastes

generated during processing Fear of being seen as the global dumping

ground for recyclables Fear of being exploited

Countries would like to limit recycling, reuse and recovery of wastes materials to wastes generated in its own territory and export those that it could not recover, reuse and recycle

The more undeveloped and backward the country is, the stronger is the resistance to the trade of recyclables for reasons given in previous slides

Aside from economic and technological disadvantage, fear on the trade of recyclables is magnified by historical experience such as Colonial exploitation Unequal trade agreements 3R industries that were detrimental to

health and environment Public distrust on the governing elite-

governing elite may profit from recyclables at the expense of public welfare

Federalism is the union of autonomous or semi-autonomous states forming a State. The states surrender some of their political powers to the central government or the State, relying it for common good.

Confederation is a loose alliance of states with the states retaining ultimate control of their internal policies, absolute control of their territories and citizens

Federalism comes from Latin word fidere meaning to trust

In a federal system not all states are of equal level of social, and economic development

Some states exports more recyclables to other states

The relationships between the states are similar to those of the States in Regional and bilateral agreement

Conflict resolution in confederates and federal system are normally more effective

Common Commercial and Trade Features of a Federal State states maintain control of local

commerce, trade, and industry states compete with other states in

attracting investments, production of goods and services

The State facilitate trade and commerce between the states

The State constitution normally prohibits states legislation that impedes trade and commerce between states

Federal system is relatively uncommon compared to unitary system

Confederations are more uncommon

Environmental problems and concerns in multilateral and bilateral trade agreements are also found in the relations between states in a federal system

Trade in recyclables is an environmental concern in federated states as well as in confederation

Federal Confederation Regional Agreements

Main Legal Source

Constitution Treaty Treaty

Validity Permanent Permanent to very long period

Normally with expiration, subject to extension

Changes Ratified by people

Ratified by the people

Negotiated executive and ratified by legislative

Coverage Very broad Very broad Focused on trade

Conflict resolution Judicial system Judiciary or commission

Variable depending on the treaty provisions

Constituency Citizens free movement within the territory

Free movement but control left on states

Limited to territory of the country

Socio-economic conditions

Variations are low Variations maybe high but common aspirations

Variations high, aspirations maybe different

Environmental laws and enforcement

Variations are low Variations are high but there is a common targeted level

Variations are high and the treaty seldom address environmental concerns

Precedents in resolving environmental issue

Very high high Very low except when environment becomes a center of controversy

Trusts in equitable resolutions of environmental issue

Very high high Very low especially if the difference in the standard of living is high

Issues adjudicated other than trade and environment

Very broad practically all aspects of society

Very broad Very low-focus is on trade and recently environment

International precedents in conflict resolution

low low WTO and its focused on trade

Conclusion Environment is a new dimension in trade

negotiations especially in recyclables Environment represents a broader spectrum of

distrust and equity issue especially when agreement involved societies with highly unequal economic and social level of development

Federal and confederate system face the same trade problems but the conflict resolution mechanism is more matured

Federal and confederate system resolve issues other than trade and environment- stakes are dispersed

Conclusion (continued) There is a need for strong public consultation at

the earliest stage The trade agreements must have a conflict

resolution mechanism that is seen as fair, permanent, transparent and possibly integrated with other social and economic concerns

The conflict resolution mechanism should not be seen as biased towards trade

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