Sustainable Development in World Trade Law

Markus W. Gehring, Marie-Claire Cordonier Segger

Kluwer Law International B.V., Jan 1, 2005 - Law - 735 pages

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.

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
• 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
• 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
• 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

Bibliographic information

• Title: Sustainable Development in World Trade Law; Volume 9 of Global trade and finance series
• Editors: Markus W. Gehring, Marie-Claire Cordonier Segger
• Contributor: Centre for International Sustainable Development Law
• Publisher: Kluwer Law International B.V., 2005
• ISBN: 9041123660, 9789041123664
• Length: 735 pages
• Subjects: Law / International; Law / Jurisprudence