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University of Baltimore Journal of International Law

Abstract

This article has the objective of analyzing the role played by Brazil and the United States in protecting the right to a healthy environment at an international level, especially at the World Trade Organization level. First, we must try to identify the fundamental right to a healthy environment, in its internal dimension and as a human right, at the international level. We used the bibliographic technique and deductive methodology to develop the research. The results at the conclusion evidence that the behavior of political and economic agents has a direct impact on the level of environmental protection. In the United States several draft bills were submitted to change trade laws under the argument that environmental protection would reduce competitiveness of national goods and services at the internal and the international levels. In Brazil there was a reduction of environmental protection, normative, and institutional instruments in order to stimulate the economy. In both countries however the role of higher or lower protagonism has also been directly related to the requirements of economic sectors in the country. The supremacy of the economic interests is the reason why the global international system and especially WTO have not granted a suitable and effective treatment to the right to a healthy environment.

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