Download or read book Wto And Environment related International Trade Disputes The Biosecurity And Ecosystem Services Risks written by Robert Fraser and published by World Scientific. This book was released on 2019-10-15 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This well-written and highly readable book makes a major contribution to advancing our understanding of the contribution that economics can make to analysing the impact of international trade policies for environmental risks … Regardless of the likelihood that the current WTO dispute settlement procedures can be changed in the way suggested by the authors of this book, it is essential reading for those interested in the contribution that economics can make to advancing our understanding of the implications of international trade law for environmental issues.'Journal of Agricultural EconomicsWe live in a world that is increasingly dependent on international trade in a context of substantial regional/national political tensions. Adding to this is an emerging understanding and concern about the social impact of biosecurity and ecosystem services risks associated with such trade. As the key international trade 'arbiter', the World Trade Organization (WTO) has never before faced such complexity within its decision-making remit.With increasing numbers of bilateral and regional agreements, as well as new developments emerging such as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) initiated by multi-national corporations in 2018, the WTO needs to implement ways of reinforcing its legitimacy and enhancing its relevance.This book provides an original analysis of these linked developments and delivers a timely contribution to resolving environment-related international trade disputes. It provides a clear roadmap for improving WTO trade dispute resolution procedures so both biosecurity and ecosystem services risks are considered in evaluating the social, economic and environmental impacts of international trade proposals. In so doing, the WTO should deliver enhanced multilateral social welfare.
Download or read book The WTO and Environment related International Trade Disputes written by Robert W. Fraser and published by . This book was released on 2019 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: "We live in a world that is increasingly dependent on international trade in a context of substantial regional/national political tensions. Adding to this is an emerging understanding and concern about the social impact of biosecurity and ecosystem services risks associated with such trade. As the key international trade 'arbiter', the World Trade Organization (WTO) has never before faced such complexity within its decision-making remit. With increasing numbers of bilateral and regional agreements, as well as new developments emerging such as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) initiated by multi-national corporations in 2018, the WTO needs to implement ways of reinforcing its legitimacy and enhancing its relevance. This book provides an original analysis of these linked developments and delivers a timely contribution to resolving environment-related international trade disputes. It provides a clear roadmap for improving WTO trade dispute resolution procedures so both biosecurity and ecosystem services risks are considered in evaluating the social, economic and environmental impacts of international trade proposals. In so doing, the WTO should deliver enhanced multilateral social welfare."-
Download or read book The WTO Dispute Settlement System written by Kati Kulovesi and published by Kluwer Law International B.V.. This book was released on 2011-09-01 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 "linkage" 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.
Download or read book Environment and Trade written by Nathalie Bernasconi-Osterwalder and published by Earthscan. This book was released on 2012 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Trade and Environment written by Duncan Brack and published by Routledge. This book was released on 2013-12-16 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can trade liberalization and environmental protection be pursued together, or do the two objectives inevitably conflict? The rapid evolution of international regimes and institutions is increasingly bringing such conflicts to the fore. A consensus, both on the extent of the clash, and on how it can be resolved, does not yet exist. This volume includes the proceedings from the RIIA's April 1997 conference on trade and the environment, which brought together prominent contributors from all sides of the debate, including industry, governments, academics, NG0s and intergovernmental institutions such as the World Trade Organization, UNEP, UNCTAD and the OECD. They examine the background to the issue; the impacts of trade-related environmental measures; the relationship between environmental policy, competitiveness and investment; industry and developing country concerns; and the evolution of dispute settlement procedures in the EU and the WTO. The concluding chapter features a wide-ranging discussion on the future of the debate and of the WTO's Committee on Trade and Environment.
Download or read book The WTO and the Environment written by James K. R. Watson and published by Routledge. This book was released on 2013 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book International Trade and the Environment written by Taro Shibuya and published by . This book was released on 2001 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Environmental Trade Disputes and the WTO written by P. K. Rao and published by . This book was released on 2001 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Environmental Sovereignty And the WTO written by Bradly J. Condon and published by BRILL. This book was released on 2006 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The WTO and the Environment written by James Watson and published by Routledge. This book was released on 2013-05-20 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is 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 book addresses the development of environmental competency in the WTO and examines the arguments of those who oppose WTO rule making with impacts on the environment. The WTO’s interactions with multilateral environmental agreements are considered and recent WTO cases including the 2011 US/Mexico tuna dispute and the US sea turtles decision are analysed in detail. In examining how an international organisation which was established with a specific purpose in mind has come to interact in fields beyond its original remit, James Watson demonstrates how the dispute resolution system at the WTO has come to work in a judicialised manner, operating with an informal system of precedent. This has led to the contracting parties placing more reliance on the decisions of the dispute panels and appeal body when considering policy options, with WTO rulings increasingly influencing the behaviour of national legislatures in regard to the environment. The book goes on to make concrete recommendations, based on existing practise in the WTO dispute resolution procedure, which could enhance decision making in environmental cases heard by the WTO. The book argues that this could be achieved with straightforward amendments to the WTO, based on existing practices endorsed under the WTO for other policy considerations. The WTO and the Environment will be of particular interest to academics and students of International and Environmental law.
Download or read book The Greening of Trade Law written by Richard H. Steinberg and published by Rowman & Littlefield. This book was released on 2002 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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!
Download or read book Reconciling Environment and Trade written by Edith Brown Weiss and published by BRILL. This book was released on 2008-09-30 with total page 728 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume focuses on five cases, all of which remain cornerstone trade-environment cases of the WTO. The subject matter of these cases reflects five basic issues in the clash between trade and the environment: public health, air pollution/ozone depletion, food safety, destruction of endangered species, and biosafety. These five issues surface dramatically in international disputes over tobacco, reformulated gasoline, beef growth hormones, commercial fishing methods, and genetically modified organisms. In the second edition of this book, Nathalie Bernasconi-Osterwalder joins the original editors to update and contextualize the five case studies in new introductions to each section. These introductions provide an overview of developments since the first edition, including subsequent related cases. The second edition also includes updated bibliographic materials. In their penetrating analyses of these cases and their vast implications, the authors take into account the entire disciplines of both trade law and environmental law, noting especially the points of friction between the multilateral instruments in each field and the developing jurisprudence of the WTO Dispute Settlement with regard to the exceptions specified in Article XX of the GATT. The articulated standpoints of all parties governments and NGOs on both sides of the controversy are probed for agendas, whether stated or unstated. No one involved in international trade or environmental activism can afford to ignore this vital publication. The information it provides (on WTO jurisprudence, on current and pending environmental initiatives, on the science behind the disputes), no less than the fresh and convincing analysis it holds forth, make it an essential tool for understanding some of the most crucial issues in international law today.
Download or read book From Exception to Promotion written by Elena Cima and published by BRILL. This book was released on 2021-10-18 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Exception to Promotion: Re-Thinking the Relationship between International Trade and Environmental Law tells a new, unconventional story of the nexus between international trade and environmental law - a story in which the keyword is synergy rather than conflict, and where the trade regime was always meant for something greater than simply trade liberalization. This ‘something greater’ was peace in the first half of the 20th century. Today, it is sustainable development, environmental protection, and social inclusion. Environmental protection is therefore neither antithetical to the overarching purpose of the trading system nor simply a ‘non-trade’ issue to be incorporated within the trade regime, but rather part of its very nature and purpose. By telling this ‘untold’ story of the nexus, this book intends to raise historical awareness and open a constructive discussion on the future of the trade regime and of international economic law governance at large.
Download or read book International Trade and the Protection of the Environment written by Simon Baughen and published by Taylor & Francis. This book was released on 2023-03-31 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyzing globalization and the increasing tension it has caused between the goals of free trade and environmental protection, International Trade and the Protection of the Environment provides a comprehensive and detailed legal analysis, both at the national and international level of what looks set to become the new legal order of the twenty-first century. This book asks the questions does the treatment of ‘measures tantamount to expropriation’ have the capacity to lead to a ‘regulatory chill’ on environmental protection and what are the possibilities for claims before the UK courts that are based on alleged violations of international law? To answer them the author offers: an informed and critical commentary on the continuing controversy on GMO products, in particular on the recent WTO award in the EC-Biotech dispute a comparison of the treatment of the expropriation under NAFTA and bilateral investment treaties with position under article one of the first protocol of the European convention on human rights an analysis of the human rights dimension to claims for environmental damage against multi-national corporations, focusing particularly on claims in the US under the Alien Trot Claims Act 1789 Incisive and current, this text is a valuable tool for postgraduate law students studying international and commercial law.
Download or read book Environment and Trade written by and published by . This book was released on 2005 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The WTO Dispute Settlement Mechanism written by Alberto do Amaral Júnior and published by Springer. This book was released on 2019-04-09 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a multidisciplinary approach to the Dispute Settlement Mechanism (DSM) by bringing together contributions from legal scholars and political scientists. Most of the authors belong to a tightly knit legal epistemic community, trained at the University of São Paulo and at the top-ranked research and policy centers on WTO law in Europe. Presenting a novel and unique perspective on the DSM, it provides an analysis of current themes at the heart of the WTO Dispute Settlement Mechanism through the lenses of scholars with a “developing country” perspective. Focusing on assessment, substance, and process, it presents a three-fold approach to the analysis and offers a singular contribution to the scholarly literature on the WTO. The book discusses the topic from the viewpoint of individuals deeply involved in the scholarly production as well as the daily operation of the mechanism. The contributors include academics in the fields of international economic law and political science, diplomats, individuals engaged in legal private practice, and individuals affiliated with the WTO as well as WTO-related think tanks. The result is a balanced perspective on pressing issues that have arisen and that are likely to remain at the center of the scholarly and policy debate for years to come.
Download or read book Trade and Environmental Law written by P. DELIMATSIS and published by Edward Elgar Publishing. This book was released on 2021-11-28 with total page 840 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. Analysing the key legal issues and questions raised by the impact of trade on the environment, the volume offers a thorough overview of the relationship between the World Trade Organization and the rules of environmental law, sustainability, and climate change. Each entry constitutes a nuanced and lucid introduction to the major cross-cutting topics in these dynamic fields, including examinations of national and regional approaches, WTO disputes, and the interface between trade, environment and areas such as human rights, investment and development. Featuring 107 entries divided into seven thematic parts, this volume is a landmark reference work which will prove invaluable to academics, students and researchers in international trade and environmental law, as well as public international law more broadly. It will also be a key resource for practitioners, policymakers and government officials working in any aspect of trade and environment.
