L'écolabel est-il un outil du protectionnisme « vert »?

The Rio Earth Summit, held in Rio de Janeiro in 1992, certainly stands out as an unprecedented turnabout in planetary awareness of environmental concerns and the need for reconciliating the three axes of sustainable development, namely economic, social and environmental issues. The Rio Declaration sets forth 27 principles intended to orient the achievement of this vast project for humanity. Among these principles, the eighth one encourages States to“[…] reduce and eliminate unsustainable patterns of production and consumption[…]." By informing consumers of the net environmental impact of a product, the ecolabel may become a tool for sustainable development. Might it also be, however, a tool for green protectionism? This issue is inevitable owing to the multiplication of ecolabel programs worldwide since the phenomenal expansion of ecolables, applauded by some yet raising doubts among others who are questioning the conformity of these ecological labels with the international business rules set forth by the World Trade Organization (WTO). Not only is this issue a current one, it has also remained the subject of intense discussions within WTO for several years now. Our paper attempts to analyze the conformity of the ecolabel programs with the relevant provisions of WTO accords. As our analysis demonstrates, the very nature of the ecolabels, as they are currently designed, is such that they should not violate the rules of law governing these accords. Yet, the existence of a debate on the conformity of ecolables with international business rules is symptomatic of a non-so-negligible political and economic conflict concerning this issue. In the final analysis, we conclude that discussions should continue, but at another level, namely within the harmonization of the rules governing ecolabel programs in order to minimize the political and economic problems that ecolabels may likely cause. "
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