The Wto And International Environmental Law

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Environmental Sovereignty And the WTO

Author : Bradly J. Condon
Publisher : BRILL
Page : 365 pages
File Size : 52,9 Mb
Release : 2006
Category : Law
ISBN : 9781571053664

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Environmental Sovereignty And the WTO by Bradly J. Condon Pdf

The growing body of WTO jurisprudence is of profound significance for the development of the general body of international law. With this in mind, Environmental Sovereignty and the WTO succinctly examines how the WTO law can contribute to achieving coherence between general international law, international environmental law and international trade law and avoid conflicts between trade liberalization and global environmental protection. Professor Condon argues that these three branches of law are generally consistent with each other in the area of international law where they intersect. However, WTO jurisprudence can benefit from a more explicit analysis, provided here, of the way that panel decisions fit into the general framework of international law. No law reforms are currently needed to facilitate this task. As the text shows, it is a matter of using the current WTO rules to resolve conflicts between treaties such as the General Agreement on Tariffs and Trade (GATT) and multilateral environmental agreements (MEAs) and to determine the circumstances in which unilateral trade measures should be permitted. The topics addressed in Environmental Sovereignty and the WTO will be of considerable interest to a broad audience given the global political controversy over American unilateralism, the fairness of WTO rules to poor countries, and the effect of trade rules on efforts to protect the global environment. However, the book addresses these controversial issues without sacrificing academic rigour and will appeal to a scholarly and professional audience seeking new approaches to addressing the problems raised by the globalization of law. Published under the Transnational Publishers imprint.

Trade and Environmental Law

Author : Panos Delimatsis and Leonie Reins
Publisher : Edward Elgar Publishing
Page : 875 pages
File Size : 47,8 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.

Trade and the Environment

Author : Erich Vranes
Publisher : Unknown
Page : 0 pages
File Size : 52,7 Mb
Release : 2009
Category : Business & Economics
ISBN : 0199562784

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Trade and the Environment by Erich Vranes Pdf

The relevance of the WTO legal system for environmental protection is a central topic in general international law, WTO law and international environmental law. The relationship between WTO law and international and domestic efforts to protect the environment has moved to centre stage in WTO and international environmental law. It has also spurred the discussion on fragmentation in international law in recent years. This book analyzes these issues by examining the 'horizontal' interaction between WTO law and 'other' international law, the 'vertical' relationship between WTO law and domestic law, and the contents and the interrelations between fundamental provisions of WTO law. This study relies on established insights from legal theory in order to achieve greater clarity in legal argumentation. The main results of this analysis are applied to two topical instances of international regime interplay, namely the relevance of WTO law for international and domestic measures protecting the earth's climate and the ozone layer. A series of controversial topics in WTO and general international law are addressed in this book, including the notion of conflicts of norms, and the resolution of conflicts of norms; the role of international law in WTO proceedings; extraterritorial jurisdiction and unilateral trade measures; proportionality and balancing of interests in international and WTO law; the core disciplines of the GATT and the TBT Agreement; process and production-based measures (PPMs) in WTO law; climate protection, protection of the ozone layer, and WTO disciplines.

The WTO and International Environmental Law

Author : Anupam Goyal
Publisher : Oxford University Press, USA
Page : 460 pages
File Size : 51,6 Mb
Release : 2006
Category : Language Arts & Disciplines
ISBN : UOM:39015069168758

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The WTO and International Environmental Law by Anupam Goyal Pdf

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The WTO and the Environment

Author : James K. R. Watson
Publisher : Routledge
Page : 266 pages
File Size : 48,5 Mb
Release : 2013
Category : Business & Economics
ISBN : 9780415527125

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The WTO and the Environment by James K. R. Watson Pdf

A review of the development of the WTO dispute resolution procedure and the power and influence it has gained over the practises of the member countries as well as in other international treaties.

The Greening of Trade Law

Author : Richard H. Steinberg
Publisher : Rowman & Littlefield
Page : 340 pages
File Size : 48,8 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!

Environment and Trade

Author : Nathalie Bernasconi-Osterwalder,Daniel Magraw,Maria Julia Oliva,Elisabeth Tuerk,Marcos Orellana
Publisher : Earthscan
Page : 393 pages
File Size : 53,7 Mb
Release : 2012
Category : Business & Economics
ISBN : 9781849771153

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Environment and Trade by Nathalie Bernasconi-Osterwalder,Daniel Magraw,Maria Julia Oliva,Elisabeth Tuerk,Marcos Orellana Pdf

International trade rules have significant impacts on environmental law and policy, at the domestic, regional and global levels. At the World Trade Organization (WTO), dispute settlement tribunals are increasingly called to decide on environment- and health-related questions. Can governments treat products differently based on environmental considerations? Can they block the import of highly carcinogenic asbestos-containing products or genetically modified crops? Does the WTO allow governments to protect dolphins or endangered sea turtles through the use of import restrictions on certain products? How can civil society participate in WTO dispute settlement? This Guide, authored by five world leaders on international environmental and trade law at the Center for International Environmental Law (CIEL), is an accessible, comprehensive, one-of-a-kind compendium of environment and trade jurisprudence under the WTO. Providing an overview for both experts and non-experts of the major themes relevant to environment and trade, it also analyses how WTO tribunals have approached these themes in concrete disputes and provides selected excerpts of the most significant cases.

The WTO Dispute Settlement System

Author : Kati Kulovesi
Publisher : Kluwer Law International B.V.
Page : 322 pages
File Size : 43,5 Mb
Release : 2011-01-01
Category : Law
ISBN : 9789041134066

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The WTO Dispute Settlement System by Kati Kulovesi Pdf

Tensions between economic interests and environmental protection have assumed crisis proportions in awareness at every level of society. In particular, the World Trade Organization has become entangled in controversies related to legitimacy, democracy, environmental protection, and fragmentation of international law, fuelling a contentious debate on the use (or abuse) of environmental norms at the WTO. To a greater degree than any comparable treatment, this book focuses on the role of the WTO dispute settlement system in addressing trade-environment conflicts. Highlighting the ways in which environmental issues challenge the legitimacy of WTO jurisprudence, it considers such relevant core issues as the following: challenges posed to the WTO by so-called and"linkageand" issues, such as environmental protection, labour, and investment; to what extent the WTO can apply rules of international law (e.g., environmental ones) that are not contained in the WTO agreements; and concerns over the Dispute Settlement System's lack of democratic accountability in matters of great public interest. The study analyses in detail the role of international environmental law in three key WTO cases, namely the Shrimp-Turtle, Hormones and Biotech disputes. This deeply informed and thoughtful book is of special importance for its proposals on how the WTO dispute settlement system can improve its legitimacy while respecting the limits of its mandate. It will be welcomed by international trade attorneys, environmental lawyers, concerned academics and students, and government officials in both trade and environmental policy.

Trade and Environment Governance at the World Trade Organization Committee on Trade and Environment

Author : Manuel Teehankee
Publisher : Kluwer Law International B.V.
Page : 401 pages
File Size : 42,5 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.

Environmental Process and Production Methods (PPMs) in WTO Law

Author : David Sifonios
Publisher : Springer
Page : 334 pages
File Size : 54,7 Mb
Release : 2018-01-30
Category : Law
ISBN : 9783319657264

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Environmental Process and Production Methods (PPMs) in WTO Law by David Sifonios Pdf

This book examines the conditions under which PPM measures may be adopted under WTO law de lege lata and de lege ferenda. It analyses in detail the complex case law in this field and its evolution in the last 25 years, as well as the many doctrinal debates around PPM measures and their relevance in the light of the evolution of case law, both under the GATT and the TBT Agreement. Further, it also suggests an original approach to the interpretation of the relevant provisions of the GATT and the TBT Agreement in the context of PPM measures. The PPM issue has been one of the most debated topics in the trade and environment debate. Even though the US–Shrimp case showed that PPM measures are not prohibited per se under the GATT, many questions remain unanswered when it comes to the precise conditions under which environmental PPM measures are justifiable under WTO law, for example in the field of trade measures relating to climate change mitigation efforts, natural resources management policies and biodiversity conservation measures.

Sustainable Development as a Principle of International Law

Author : Christina Voigt
Publisher : BRILL
Page : 452 pages
File Size : 51,5 Mb
Release : 2008-12-17
Category : Law
ISBN : 9789004180765

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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.

Research Handbook on International Environmental Law

Author : Fitzmaurice, Malgosia,Brus, Marcel,Merkouris, Panos,Rydberg, Agnes
Publisher : Edward Elgar Publishing
Page : 544 pages
File Size : 54,5 Mb
Release : 2021-11-12
Category : Law
ISBN : 9781786439710

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Research Handbook on International Environmental Law by Fitzmaurice, Malgosia,Brus, Marcel,Merkouris, Panos,Rydberg, Agnes Pdf

This thoroughly updated and revised second edition of this foundational Handbook combines practical and theoretical analyses to cover a wide array of cutting edge issues in international environmental law (IEL). It provides a comprehensive view of the complexity of IEL, both as a field in its own right, and as part of the wider system of international law.

International Environmental “soft law”

Author : Jürgen Friedrich
Publisher : Springer Science & Business Media
Page : 522 pages
File Size : 52,6 Mb
Release : 2013-11-26
Category : Law
ISBN : 9783642449468

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International Environmental “soft law” by Jürgen Friedrich Pdf

In international negotiations, the question of the design and the legal form of the negotiated instrument is as complex as it is often controversial. Intended as a read for both practitioners and academics, this book provides a comprehensive treatise of the characteristics, the potential and the limits of nonbinding instruments in international environmental law and governance. An extensive overview and typology of nonbinding instruments as well as several case studies from the areas of fisheries (FAO), hazardous substances (UNEP/FAO) and corporate social responsibility (OECD) provide the material for an in-depth analysis of the role of nonbinding instruments on all levels of governance. The book demonstrates the potential but also highlights the limits of nonbinding instruments in the interplay with customary and treaty law (e.g. UNCLOS, WTO) as bases for interinstitutional linkages and as tools to shape the behaviour of states and private actors. Legitimacy challenges arising from this form of exercise of authority are then discussed in the final chapter, alongside with remedies to address possible concerns.

Environment, Human Rights and International Trade

Author : Francesco Francioni
Publisher : Hart Publishing
Page : 391 pages
File Size : 45,6 Mb
Release : 2001-06
Category : Law
ISBN : 9781841132174

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Environment, Human Rights and International Trade by Francesco Francioni Pdf

Images of tear-gas filled streets during the 1999 WTO meeting in Seattle woke the world up to the fact that there was a major controversy brewing about the legitimacy of the ability of the organization and sister institutions to trump nationally enacted laws protecting the environment and human rights in the name of free trade. Francioni (law, U. of Siena) presents the contributions of 12 academics from the field of international law who, on the whole, recognize that the complaints of protestors are legitimate and real and recommend some specific policy and legal changes in the structures of the international financial institutions and in free trade treaties between countries. The articles separately focus on genetically modified organisms, intellectual property rights, environmental law, technology transfer, labor rights, human rights sanctions, child labor, and the impact of NAFTA on the environment. Distributed by ISBS. c. Book News Inc.

Reflections on an International Environmental Court

Author : Ellen Hey
Publisher : Martinus Nijhoff Publishers
Page : 40 pages
File Size : 50,5 Mb
Release : 2000-10-10
Category : Law
ISBN : 9041114963

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Reflections on an International Environmental Court by Ellen Hey Pdf

International law governing the settlement of disputes through law-based forums, such as courts, tribunals and arbitral tribunals, is fraught with limitations that are becoming especially apparent with respect to disputes that involve the protection of the environment. However despite the deficiencies of the law, international courts and tribunals have issued judgements in disputes involving the protection of the environment. At the global level the International Court of Justice (ICJ), the Appellate Body of the World Trade Organization (WTO) and the Tribunal for the Law of the Sea (ITLOS) have handed down decisions in relevant cases. In addition other legal forums can also be called upon to decide cases involving international environmental law. Such forums include the Environmental Chamber of the ICJ and the Permanent Court of Arbitration (PCA) under its general facilities and under the Environmental Facility that it is planning to establish. Similarly, special bodies, such as the United Nations Compensation Commission (UNCC), may decide on cases. Moreover, regional forums such as the European Court of Human Rights (ECHR), the Inter-American Court of Human Rights and the Court of Justice of the European Community (ECJ) have ruled on cases involving international environmental law. Despite these developments, calls for the establishment of an international environmental court at the global level persist. Several arguments have been advanced to justify the establishment of an international environmental court, for example the very many pressing environmental problems that exist today and the need for a bench consisting of experts in international environmental law to consider theseproblems, the need for individuals and groups to have access to environmental justice at the international level, the need to enable international organizations to be parties to disputes related to the protection of the environment and the need for dispute settlement procedures that enable the common interest in the environment to be addressed. Arguments against the establishment of an international environmental court have been advanced as well. These arguments include the following: the proliferation of international courts and tribunals would result in the fragmentation of international law, existing courts and tribunals are, or can be, well equipped to consider cases involving environmental issues and disputes involving international environmental law also involve other aspects of international law. This publication explores the arguments for and against the establishment of an international environmental court, examining topics such as the definition of an international environmental dispute and the concomitant expertise required on the bench, fragmentation and its root causes, access to justice and the representation of community interests. The author argues that the establishment of an international environmental court is not the most desirable option and she suggests that it might be more fruitful if we consider developments in environmental law, as well as in other relevant areas of international law, from a different perspective, namely, that of administrative law and reassess the relationship between international and national law. Such an approach, she argues is warranted if, "inter alia," viable means for resolving environmental disputes that may arise are to be identified.