Abstract
The problem of invasive alien species (IAS) is recognized as the second most
serious threat to loss of biodiversity after habitat destruction. It is a problem
largely created by humans as they transport and introduce species,
deliberately and accidentally, from one part of the globe to another. The
pressures exerted on biodiversity by international trade are one of the most
serious aspects of the IAS problem. Although states are under obligations in
international environmental law to prevent the entry of, and control, those
alien species that threaten biodiversity, to date state practice has often been
found wanting. In particular, quarantine regulation, which can be a state’s
first line of defence against IAS, is mainly used by states to protect their
farming and agricultural product sectors rather than biodiversity at large. The
reasons for this include lack of domestic resources and lack of guidance at the
international level. However, even if states were to expand the purview of
quarantine, the question arises whether they would be able to use quarantine
regulation to protect biodiversity from IAS while simultaneously fulfilling
their international trade law obligations. This study seeks to answer this
question by examining international environmental law and international
trade law in their application to quarantine regulation. In doing so, the study
identifies many areas of conflict. The different policies that underpin
environmental and trade regimes mean that environmental concepts, such as
the precautionary principle and the ecosystem approach, are difficult to apply
within the international trade law regime. A way of achieving a more
harmonized international response to the problem of IAS is suggested by
incorporating environmental considerations into the international standards
used by states to design and implement domestic quarantine measures. To
facilitate the practical implementation of international standards the study
further recommends appropriate financial and institutional capacity building
mechanisms.