Natural Resources and Violent Conflict - WaterWiki.net

where did it come from? 145trade restrictions for environmental protection, the United States didnot do so in a nondiscriminatory manner.WTO jurisprudence highlights the need for flexibility when applyingunilateral standards to other states and the need to apply any controlmeasures or certification scheme with an even hand to preventunjustified discrimination. There is sufficient flexibility on the impactof WTO agreements that it should be possible for many different typesof trade-restrictive measures to be designed and implemented so as tosurvive a WTO challenge, provided they are not overtly protectionistor discriminatory.Conclusions and RecommendationsIf the political will exists, it is perfectly possible to establish a successfulCTR based on our five basic elements, subject to the five contextualconsiderations discussed above. These 10 factors can also provide abasic framework for building new CTRs, including measures to controlaccess to commodities like coltan and tanzanite.In all cases, clear and effective national legislation detailing enforcementresponsibilities and deterrent sanctions for crimes is necessary,as are transparent and effective international noncompliance measuresto discourage free riders, while encouraging countries to share theirproblems openly. The need to focus on transit countries and the launderingof transshipments has also been raised. Controls and feedbackstructures should be engineered in a precautionary manner rather thanthe current “wait and see” attitude.A central part of these processes should be direct access to enforcementexperts at CTR meetings and when preparing control measures.There is also a strong case for setting up a specialist unit on enforcementand compliance in CTRs to institutionalize such expertise. Suchmeasures may also serve to depoliticize the process of enforcement andcompliance.Evasion of CTRs is a consensual, economic crime where there arerarely victims to complain, so that the state must bear the burden ofenforcement. CTRs must gather sufficient data in their basic operationsto allow distinctions between products and should contain comprehensivereview procedures to provide feedback to policymakers oncompliance with, and the impact of, international controls. In additionto information directly relevant to the type, origin, and destination ofspecific shipments, there is a need to record price data on controlledcommodities, the volume and values of licit and illicit markets, gaps in