Sustainable Development In World Trade Law

Author : Markus W. Gehring,Marie-Claire Cordonier Segger
Publisher : Kluwer Law International B.V.
Page : 778 pages
File Size : 52,7 Mb
Release : 2005-01-01
Category : Law
ISBN : 9789041123664

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Sustainable Development in World Trade Law by Markus W. Gehring,Marie-Claire Cordonier Segger Pdf

In Johannesburg at the World Summit on Sustainable Development in 2002, over one hundred and eighty states assumed a collective responsibility to advance and strengthen the interdependent and mutually reinforcing pillars of sustainable development economic development, social development, an environmental protection at the local, national, regional and global levels. This remarkable collection of papers, sponsored by the Centre for International Sustainable Development Law (CISDL), demonstrates that sustainable development serves as a unifying concept with the potential to facilitate much-needed respect for international law and timely implementation of diverse and overlapping international commitments. It builds on the substance of a rich and complex debate at the intersections among economic, social, and environmental law, bringing together a broad cross-section of viewpoints and voices. The authors review recent developments in WTO discussions and negotiations, and in the recent decisions of the WTO Appellate Body, from a sustainable development law perspective. They also survey relevant new developments in trade and economic agreements at regional, inter-regional and bi-lateral levels. The various essays focus on sustainable development aspects of key issues in recent trade negotiations such as the Singapore Issues (investment, competition, trade facilitation, and government procurement), intellectual property rights, investment arbitration and the linkage between the WTO and multilateral environmental accords, (MEAand¿s).. Among the specific topics covered are the following: Emerging areas of law and policy in trade and sustainable development, The underlying development agendas in global trade law negotiations, Cooperation and potential negotiation on international competition law, Sustainable development aspects of intellectual property rights negotiations, Overlaps between multilateral environmental accords (MEAand¿s) and the WTO, Recent developments in WTO dispute settlement procedures and proceedings, Human rights and environmental opportunities from trade liberalisation and increased market acces, Human rights and environment impact assessment techniques used to analyse trade agreements, Recent developments in bi-lateral and regional trade agreements. Trade, investment, and competition law practitioners and negotiators in developed and developing countries will find this book of great value, as will development and environment law professionals with responsibility for trade and WTO law related matters. With rich contributions from leading trade law practitioners, academics, and WTO panel and appellate body roster members, Sustainable Developments in World Trade Law offers a constructive, timely and accessible expert analysis of recent discussions and advances in the field, providing an integrated and essential guide to some of the most important issues in international economic law today.

Author : Elisabeth Bürgi Bonanomi
Publisher : Edward Elgar Publishing
Page : 464 pages
File Size : 54,5 Mb
Release : 2015-09-25
Category : Business & Economics
ISBN : 9781784717278

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Sustainable Development in International Law Making and Trade by Elisabeth Bürgi Bonanomi Pdf

This timely book provides an accessible insight into how the concept of sustainable development can be made operational through its translation into legal terms. Understood as a multidimensional legal principle, sustainable development facilitates coherent international law making. Using this notion as an analytical lens on the WTO Agreement on Agriculture, the book considers the unresolved question of what a sustainable and coherent agricultural trade agreement could look like.

Author : Cosimo Beverelli,Jürgen Kurtz,Damian Raess
Publisher : Cambridge University Press
Page : 345 pages
File Size : 40,8 Mb
Release : 2020-10
Category : Business & Economics
ISBN : 9781108840880

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International Trade, Investment, and the Sustainable Development Goals by Cosimo Beverelli,Jürgen Kurtz,Damian Raess Pdf

A multi-disciplinary investigation of how economic globalization can help achieve the UN's 2030 Agenda, exploring trade-offs among the Goals.

Author : Nico J. Schrijver,Friedl Weiss
Publisher : BRILL
Page : 749 pages
File Size : 50,8 Mb
Release : 2004-08-10
Category : Law
ISBN : 9789047406709

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International Law and Sustainable Development by Nico J. Schrijver,Friedl Weiss Pdf

'This masterly written collection, from many experts, focuses on the efforts of policy makers, as well as regional and national interest groups, to invoke International Law as the tool for realizing the objectives of sustainable development. The authors provide a rich vein of recent State and organizational practices that can be profitably mined by both academics and practitioners exploring contemporary perspectives.' ASIL Newsletter UN21 Interest Group, June 2005.

Author : Panos Delimatsis and Leonie Reins
Publisher : Edward Elgar Publishing
Page : 875 pages
File Size : 51,5 Mb
Release : 2021-12-14
Category : Law
ISBN : 9781783476985

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Trade and Environmental Law by Panos Delimatsis and Leonie Reins Pdf

This extensive volume of the Elgar Encyclopedia of Environmental Law probes the essential concepts, contemporary research, and key elements of law at the intersection of international trade and international environmental law. Its succinct, structured entries provide a definitive and comprehensive assessment of the interactions between these fields, written by internationally renowned and recognized experts.

Author : Christina Voigt
Publisher : BRILL
Page : 453 pages
File Size : 47,6 Mb
Release : 2009
Category : Law
ISBN : 9789004166974

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Sustainable Development As a Principle of International Law by Christina Voigt Pdf

This volume provides a framework for the doctrinal foundation of sustainable development as a principle of integration in international law. The work departs from the fragmented nature of the international legal system, a system that lacks integrative principles for creating coherent relations between, for example, the international trade regime of the WTO and multilateral environmental agreements. The specific focus is on a legal analysis of potential normative conflicts between climate measures as regulated by the UNFCCC and the Kyoto Protocol, in particular the flexibility instruments of international emissions trading and the Clean Development Mechanism, and the rules of the WTO. Attention is then given to the application of sustainable development as a principle of integration in relation to these conflicts. The book takes on several important, timely and demanding tasks related to the urgent global challenge of climate change and the capacity of international law to deal with complex and multifaceted issues. It addresses in particular: a [ The relations between various international legal regimes, especially between international trade law and climate law, a [ The legal status of sustainable development as a principle of international law, and a [ The analysis of interpretative methods and of principles that may serve to address conflicts between rules pertaining to different legal regimes. Here, integration as part of legal reasoning becomes particularly relevant.

Author : Mitsuo Matsushita,Thomas J. Schoenbaum
Publisher : Springer
Page : 402 pages
File Size : 50,6 Mb
Release : 2016-10-05
Category : Business & Economics
ISBN : 9784431564263

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Emerging Issues in Sustainable Development by Mitsuo Matsushita,Thomas J. Schoenbaum Pdf

This book seeks to answer the questions: how do the rules of international treaties on trade and investment apply to the new laws and policies relating to energy-related trade, and do the rules of the multilateral system contribute to or detract from sustainable development? An emerging set of new problems in the law of international trade is how to reconcile the rules of the multilateral trading system with shortages of certain natural resources and the necessity to develop renewable energy resources. The chapters in this book provide a comprehensive analysis of the international trade issues presented by national trade laws and policies with regard to natural resources and energy. This book is about the extent to which we are interpreting existing rules to cover emerging problems and how the rules of the multilateral trading system can be adapted to achieve sustainable development in natural resources and energy. The book begins with a survey of selected national laws relating to recent restrictions on the export of natural resources, both resources used to produce energy as well as natural resources essential for industrial production. After examining the range of such laws in selected important countries, we turn to the application of the rules of the multilateral trading system to such export restrictions. We discuss the major rules of the World Trade Organization (WTO) as well as the natural resources rules in selected regional preferential free trade agreements. While there is not a comprehensive global legal regime on competition law, we believe it is also important to examine how selected national competition laws impact export restrictions on natural resources. This book will be a major contribution to the international dialogue on international economic law issues with respect to trade in natural resources and energy.

Author : International Institute for Sustainable Development
Publisher : UNEP/Earthprint
Page : 96 pages
File Size : 55,5 Mb
Release : 2000
Category : Environmental policy
ISBN : 9781895536218

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Environment and Trade by International Institute for Sustainable Development Pdf

Reference tool to facilitate broader understanding and awareness of relationship between environment and trade which can then become the basis on which fair and environmentally sustainable policies and trade flows are built.

Author : Marie-Claire Cordonier Segger,Markus W. Gehring,Andrew Paul Newcombe
Publisher : Kluwer Law International B.V.
Page : 978 pages
File Size : 42,5 Mb
Release : 2011-01-01
Category : Law
ISBN : 9789041131669

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Sustainable Development in World Investment Law by Marie-Claire Cordonier Segger,Markus W. Gehring,Andrew Paul Newcombe Pdf

Sustainable development, as defined by the World Commission on Environment and Development, is "development that meets the needs of the present without compromising the ability of future generations to meet their own needs." More specifically, sustainable development is a process of change that seeks to improve the collective quality of life by focusing on economically, socially, and environmentally sound projects that are viable in the long-term. Sustainable development requires structural economic change and the foundation of that change is investment. In developing nations with low levels of domestic savings, investment predictably comes from abroad in the form of foreign direct investment. A large and ever expanding number of international investment agreements are in place to govern these transactions. While these accords seek to foster development while mitigating the risk involved in these types investments, many questions remain unresolved. This highly insightful book reflects the contributions of a variety of world renowned experts each of which is designed to provide the reader with valuable perspective on recent developments in investment law negotiations and jurisprudence from a sustainable development law perspective. It offers answers to pertinent questions concerning advancements in investment law, including the negotiation of numerous regional and bilateral agreements as well as the increasing number of disputes resolved in the World Bank's International Centre for the Settlement of Investment Disputes (ICSID), from different developed and developing country perspectives. It lays out future directions for new treaty negotiations and dispute settlement proceedings, as well as ongoing investment promotion efforts, against a background of rapidly evolving international relationships between economic, environment and development law. It focuses on key issues in investment laws which have emerged as priorities in the negotiation of bilateral and regional investment agreements, and have been clarified through recent decisions of the ICSID and other arbitral panel awards.

Author : Richard H. Steinberg
Publisher : Rowman & Littlefield
Page : 340 pages
File Size : 44,9 Mb
Release : 2002
Category : Law
ISBN : 0742510468

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The Greening of Trade Law by Richard H. Steinberg Pdf

In this first book to systematically compare how each of the world's major international trade organizations have handled environmental issues, leading specialists provide a balanced analysis of the development of trade and the environment rules in the World Trade Organization, the European Union, the North American Free Trade Agreement, the Free Trade Area of the Americas, the Asia Pacific Economic Cooperation forum, the International Organization for Standardization, and other key organizations. Deftly combining policy and theory, the authors offer a range of heuristics and normative orientations in an effort to understand one of the globe's most contentious and timely dilemmas. Visit our website for sample chapters!

Author : Olivier De Schutter
Publisher : Bloomsbury Publishing
Page : 272 pages
File Size : 43,7 Mb
Release : 2015-09-10
Category : Law
ISBN : 9781782257141

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Trade in the Service of Sustainable Development by Olivier De Schutter Pdf

In the Bretton Woods era, trade liberalization, the improvement of labour rights and working conditions, and the strengthening of environmental policies, were seen as mutually supportive. But is this always true? Can we continue to pretend to protect the rights of workers and to improve environmental protection, particularly through climate change mitigation strategies, within an agenda focused on trade liberalization? Is it credible to pursue trade policies that aim to expand the volumes of trade, without linking such policies to labour and environmental standards, seen as 'non-trade' concerns? This book asks these questions, offering a detailed analysis of whether linkage is desirable and legally acceptable under the disciplines of the World Trade Organization (WTO). It concludes that trade can work for sustainable development, but only if we see it as a means for social and environmental progress, including climate change mitigation, and if we avoid fetichizing it as an end to be pursued for its own sake.

Author : Ernst-Ulrich Petersmann
Publisher : Oxford University Press
Page : 369 pages
File Size : 41,6 Mb
Release : 2022-03-24
Category : Law
ISBN : 9780192672766

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Transforming World Trade and Investment Law for Sustainable Development by Ernst-Ulrich Petersmann Pdf

Transforming World Trade and Investment Law for Sustainable Development explains why the 2030 UN Sustainable Development Agenda for "Transforming our World"—aimed at realizing universal human rights and the17 agreed sustainable development goals (SDGs)—requires transforming the UN and WTO legal systems, as well as international investment law and adjudication. UN and WTO law protect regulatory competition between diverse neo-liberal, state-capitalist, European ordo-liberal, and developing countries' conceptions of multilevel trade and investment regulation. However, geopolitical rivalries and trade wars increasingly undermine transnational rule of law and effective regulation of market failures, governance, and constitutional failures. Protecting the WTO legal and dispute settlement system remains essential for SDGs such as climate change mitigation measures and access to medical supplies and vaccines in global health pandemics. Investment law and adjudication must better reconcile governmental duties to protect human rights and decarbonize economies with the property rights of foreign investors. The constitutional, human rights, and environmental litigation in Europe enhances the legal accountability of democratic governments for protecting sustainable development. However, European economic constitutionalism has been rejected by neoliberalism, China's authoritarian state-capitalism, and many developing countries' governments. The more that regional economic orders (like the China-led Belt and Road networks) reveal heterogeneity and power politics block UN and WTO reforms, the more the US-led neoliberal world order risks disintegrating. UN and WTO law must promote private-public network governance and civil society participation in order to stabilize and de-politicize multilevel governance that protects SDGs and global public goods.

Author : Gary P. Sampson
Publisher : The Energy and Resources Institute (TERI)
Page : 336 pages
File Size : 45,7 Mb
Release : 2005-01-01
Category : Business & Economics
ISBN : 8179930823

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The WTO and Sustainable Development by Gary P. Sampson Pdf

Author : Panagiotis Delimatsis
Publisher : Edward Elgar Publishing
Page : 560 pages
File Size : 51,5 Mb
Release : 2016-12-30
Category : Law
ISBN : 9781783478446

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Research Handbook on Climate Change and Trade Law by Panagiotis Delimatsis Pdf

The interaction between climate change and trade has grown in prominence in recent years. This Research Handbook contains authoritative original contributions from leading experts working at the interface between trade and climate change. It maps the state of affairs in such diverse areas as: carbon credits and taxes, sustainable standard-setting and trade in ‘green’ goods and services or investment, from both a regional and global perspective. Panagiotis Delimatsis redefines the interrelationship of trade and climate change for future scholarship in this area.

Author : Manuel Teehankee
Publisher : Kluwer Law International B.V.
Page : 401 pages
File Size : 40,6 Mb
Release : 2020-06-11
Category : Law
ISBN : 9789403522043

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Trade and Environment Governance at the World Trade Organization Committee on Trade and Environment by Manuel Teehankee Pdf

In the opinion of many, the most crucial issue confronting the world today lies in achieving a sustainable nexus among global trade, economic development, and the environment. This book, written by a prominent diplomat with extensive direct experience in this field, presents a much-needed critical perspective on the conflict of norms among the three policy regimes, focusing on the dilemma of reconciling approaches regarding harmonized global governance and a more diverse community-based approach. It is the first and only in-depth treatment to systematically study a series of deliberations in the World Trade Organization’s Committee on Trade and Environment (CTE), highlighting perspectives taken by both developed and developing economies. The book demonstrates that the CTE’s contributions to the evolving trade and environment policy framework have been, contrary to popular perception, both substantial and relevant. In his review of how the particular characteristics of twenty key work outputs of the CTE impact current practice in trade and environment policy discussions, the author discusses such key issues and topics as the following: a singular harmonized global governance framework versus the centrifugal force of community-based, localized or regional solutions that emphasize diversity and multifaceted institution building; drawbacks and continuing relevance of the CTE Work Agenda; issues related to carbon, intellectual property rights, and services; market access for environmental goods; requirements for environmental purposes relating to products, including standards and technical regulations, packaging, labeling, and recycling; and ways forward for combining global regimes with local solutions in an environmental context. Given the urgent need for making economic policies more coherent with sustainability and environmental goals, and for overcoming the ongoing stalemate between developed and developing countries on this matter, this book is sure to be warmly welcomed by policy makers and negotiators in the areas of both trade and environment, as well as by academics, theorists, and experts in the field of global governance interested in formulating practical approaches to trade and environment governance and minimizing potential policy conflicts.