Environment-related cases in WTO dispute settlement have been the foundation for far-reaching interpretations of WTO law. This development is in contrast to the lack of results in the current DDA environment negotiations which deal with issues that seem outdated or unnecessary. The disagreement between the WTO members on how to accommodate environmental concerns with new rules is overtaken by the Appellate Body's interpretations. When rule-making seems impossible the judicial branch of the WTO is given space to advance the subject but is also burdened with the heavy responsibility of not becoming the rule-maker itself. In the area of trade and environment the Appellate Body has come to remarkable conclusions without overstepping its boundaries. This trend will have to continue as long as the political will for new rules is lacking.
Journal of World Trade