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Waste tire stockpiles like this one pose a number of health hazards to human and animal populations alike. |
By Jordan Taylor
On June 19, 2006, Humane Society International filed an amicus curiae, or "friend of the court," brief at the World Trade Organization in Geneva, supporting Brazil in its effort to restrict the import of used and retreaded tires from the European Union, which can cause serious health problems for humans and animals alike.
In particular, HSI supported Brazil's argument that it should not be forced to import retreaded or used tires from the EU that last only a fraction as long as new tires and then must be disposed of in Brazil. According to HSI, this unnecessarily creates a hazardous situation that puts at risk not only the health of Brazil's citizens, but also its unique and diverse animal population.
In the brief, HSI argues that no economically viable and environmentally safe methods exist for disposing of large amounts of waste tires other than placing them in stockpiles. This disposal method, however, leaves waste tires susceptible to fires that emit highly toxic fumes known to cause health problems in human and animal populations, including cancer and reproductive and immunological diseases.
Additionally, waste tires dumped in landfills and stockpiles provide an excellent breeding environment for mosquitoes and other pests that transmit life-threatening diseases such as malaria, Dengue and Yellow fevers and West Nile virus. Furthermore, the trade in used tires has also been associated with the transport of invasive species across the oceans.
Article XX(b) of the WTO Agreement permits member countries to restrict the trade in certain products where the importing country can show that the restriction is "necessary to protect human, animal or plant life or health." In addition, under international trade rules, Brazil has the right to determine its own desired level of health protection for its citizens and animal population.
In its brief, HSI asked the WTO dispute settlement panel to side with Brazil on the issue that its import restrictions were designed to protect human and animal life and health, and were indeed necessary to accomplish its desired level of health protection.
A decision is expected before the end of the year.
For a copy of the amicus brief filed at the WTO, please click here.
Jordan Taylor serves as Deputy Counsel for International Trade Policy at HSI.