In recent decades, fast-paced globalization and increased levels of international trade have made countries more intertwined than ever before. While a robust system of international trade can undoubtedly spur global economic growth, it can also be the catalyst for unintended environmental harm. In particular, the growth of international trade has exacerbated the spread of invasive alien species (IAS) across borders, causing widespread threats to ecosystems, food sources, economic sectors, and public health. While IAS are most commonly known for their harm to global biodiversity, they also threaten the achievement of 10 of the 17 United Nations Sustainable Development Goals. Today, IAS and international trade have become so intertwined that a country’s level of imports is now the strongest predictor of the number of IAS within their borders. However, the current international trade regime fails to adequately recognize and address the problem of IAS within multilateral trade agreements and instruments. While this leaves all nations vulnerable to threats from IAS, it is particularly concerning for developing nations who often face heightened risks to their economies and food systems due to IAS invasions.

This Note aims to shed light on the potential for synergy between multilateral environmental agreements and international trade agreements, particularly the United Nations Convention on Biological Diversity (CBD) and the World Trade Organization Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement). Through either merging key definitions related to IAS within existing agreements or expanding the SPS Agreement’s standard-setting bodies to include the CBD, this Note highlights opportunities to bring the prevention of IAS to the forefront of the international trade law framework. Further, while legal changes are key, this Note finds that they are just one piece of the puzzle in supporting governments, particularly those of developing nations, in effectively responding to the threat of IAS brought on by increased levels of trade. In this vein, the Note emphasizes the need for increased capacity building for developing nations to effectively take advantage of these potential legal solutions, focusing on increasing the flexibility of the SPS Agreement’s risk assessment and scientific finding requirement as well as utilizing preexisting risk assessment mechanisms through smart collaborating with external sectors.

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