Sustainable Development in World Trade Law

Front Cover
Markus W. Gehring, Marie-Claire Cordonier Segger
Kluwer Law International B.V., Jan 1, 2005 - Law - 735 pages
2 Reviews
Reviews aren't verified, but Google checks for and removes fake content when it's identified

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.

 

What people are saying - Write a review

We haven't found any reviews in the usual places.

Contents

INTRODUCTION
1
Recent Developments in Trade Law for Sustainable
17
A The WTO Environment and Sustainable Development
34
Market access
43
Scientific Uncertainty and Precaution
49
Agriculture
55
Intellectual property
61
Conclusion
70
Repercussions on Land Use in Developing Countries
347
Conclusions
353
A The Doha Development Agenda Mandate on Competition
361
F International Cooperation on Sustainable Competition?
369
THE DEFINITION OF INVESTMENT IN ICSID
375
A Principles of Interpretation
381
When can a transaction be said to contribute to economic
388
How have ICSID tribunals approached the investment issue?
393

A International Law and Development Issues
81
The Importance of Strengthening the Rule of Law on
88
The Development Contribution of the Doha Development Agenda
96
A PERSPECTIVE ON TRADE AND LABOUR RIGHTS
103
B How Far is there a Conflict between Trade Liberalisation
112
Unilateral Model
118
Voluntary Multilateralism
124
A Sustainable Development in International Law
134
Distinct Communities for Trade Environment and Social
140
F Addressing the Intersections of Trade Environment and Social
148
H Adjudicating Sustainable Development Conflicts in World
153
The European Communities Measures Affecting Asbestos
160
European Communities Conditions for the Granting of Tariff
167
Intersections between Trade Rules on Subsidies and Climate
176
K Sustainable Developments in New Regional and Bilateral
182
SUSTAINABLE DEVELOPMENT THROUGH PROCESS
189
Extension of EIAs to Include Social Criteria
197
From Projects to Policies Plans
199
National Assessments of Trade Agreements
205
Multilateral Assessment
212
A Introduction
221
What is the Added Value of a Human Rights Impact Assessment?
228
Assessment Methodologies
234
Screening
241
Preventive Remedial and Fulfilment Measures
247
DOES THE WTO DISPUTE SETTLEMENT UNDERSTANDING
257
B Dispute Settlement under GATT 1947 and Sustainable
261
EC Tariff Preferences
268
A Introduction
275
Implementation of Paragraph 11 of the 30 August Decision
281
Transfer of Technology under Article 66 2 of the TRIPS
287
Preserving the Link between Geographical Indications
293
The Convention on Biological Diversity
316
A Sustainable Development and its Implications
332
The WTO Agriculture Agenda and its Repercussions
341
Salini Costruttori SPA and Italstrade SPA v Kingdom of Morocco
401
Comparing Approaches to the Investment Issue
407
The European Union in a Crisis of Ideal
415
The Widening of EC Law to NonCommercial Matters
428
Negative Harmonisation
435
Precaution
441
Public Participation in DecisionMaking
448
E Concluding Remarks
455
NEGOTIATING SUSTAINABLE DEVELOPMENT IN
461
A The Policy Context of the FTAA Negotiations
468
Reconciliation through Integrated Substantive Provisions
482
Reconciliation through valueadded parallel instruments
490
A Economic Outcomes
501
The Investment Chapter The Impact on Environmental Laws
510
Labour and Environment Chapters
515
SUSTAINABLE DEVELOPMENT TRADE SOCIAL
521
The challenge in areas of extreme poverty
527
The drivers of conflict in the new economy
533
E Policy Coherence through Local Autonomy Regimes
539
F Conclusion
545
INTERNATIONAL PUBLIC HEALTH AND TRADE LAW
549
B An Overview of the TRIPS Agreement PreDoha
555
Debates in Doha
561
Integration and Interrelationship
567
INVESTMENT TRIBUNALS AND THE COMMERCIAL
575
Creeping Institutionalisation Public Debate and Legitimacy
585
PRECAUTION IN MULTILATERAL ENVIRONMENTAL
593
the Prevalence of Fear of Risk over Trade
604
Resolving
611
a Definite Need
619
Conclusion
628
Table of Treaties
643
Table of Cases
651
Recommended Resources
659
Acknowledgements
693

Other editions - View all

Common terms and phrases

Bibliographic information