International Economic Law and the Interface Between Trade and Environmental Regulation
International Economic Law and the Interface Between Trade and Environmental Regulation

Author: Jeffrey Maurice Waincymer

Publisher:

Published: 1998

Total Pages: 0

ISBN-13:

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This paper provides an international economic lawyer's perspective of the issues economists need to consider in analysing the trade environment interface. Despite their historical polarity, proponents of both trade and environmental regulation principally seek to reduce negative externalities that are caused by trade under certain conditions. Therefore the real issue is the form and level of intervention. The paper further argues that effective economic policy must take into account the impact of problems in enforcement and justifiability. The WTO's potential as a forum for the development of comprehensive environmental agreements is examined and ultimately rejected. Non-discrimination, necessity and national treatment are forwarded as essential to present de facto protectionism. More problematically, the paper discusses the conflict between prevention of disguised trade barriers with the need to present irreparable damage that underlies the precautionary principle. It is pointed out that the polluter pays principle is one fraught with problems, particularly the accurate determination of liability.

From Exception to Promotion
From Exception to Promotion

Author: Elena Cima

Publisher: BRILL

Published: 2021-10-18

Total Pages: 374

ISBN-13: 9004467564

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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.

The Greening of Trade Law
The Greening of Trade Law

Author: Richard H. Steinberg

Publisher: Rowman & Littlefield

Published: 2002

Total Pages: 340

ISBN-13: 9780742510463

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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!

International Economic Law with a Human Face
International Economic Law with a Human Face

Author: Friedl Weiss

Publisher: BRILL

Published: 2023-12-18

Total Pages: 606

ISBN-13: 9004637478

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International Economic Law with a Human Face addresses a vital question in contemporary international economies: the design, structure and content of the legal and institutional framework within an increasingly globalized civil society and market economy. It is based on the belief that liberalized global markets cannot be expected to provide the public goods required to secure the acquis communautaire for human rights worldwide, let alone to extend those rights to peoples hitherto deprived of their benefits. Scholars from Europe, America, Asia and Australia examine a variety of aspects of relevant state practice in a fresh and stimulating manner. They combine `international social critique' of state practice with ideas for `social engineering', offering critical legal analysis and ideas about policy options for setting standards to induce legal change and development. International Economic Law with a Human Face is a `user-friendly' book. Twenty-seven chapters are sub-titled and arranged under three main headings: Towards a new human and economic order (chapters 1-8); Trade, environmental protection and resource management (chapters 9-18); and Investment and finance (chapters 19-27). It also contains a detailed Table of Contents and an Index.

International Trade Regulation and the Mitigation of Climate Change
International Trade Regulation and the Mitigation of Climate Change

Author: Thomas Cottier

Publisher: Cambridge University Press

Published: 2009-09-24

Total Pages: 456

ISBN-13:

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Drawing on the expertise of leading voices, this book takes stock of key challenges in addressing climate change mitigation, serving as a reference tool for understanding the interface between international trade and climate and shedding light on key issues including global commons, border tax adjustment, subsidies and biofuels.

International Economic Law, Globalization and Developing Countries
International Economic Law, Globalization and Developing Countries

Author: Julio Faundez

Publisher: Edward Elgar Publishing

Published: 2010

Total Pages: 513

ISBN-13: 1849806675

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This book is both breathtaking in its scope and impressive in its attention to legal and institutional detail in situating developing countries in the evolving body of international economic law. Essays in this volume canvas most important areas of international economic law, including international trade law, international financial regulation, the regulation of foreign direct investment and multinational corporations, foreign aid, the enforcement of human rights standards and core international labour standards on multinational corporations, international enforcement of anti-corruption conventions, international competition law, international intellectual property rights, and international environmental law. A pervasive theme, compellingly developed, in most of these papers is the asymmetric structure of international institutions that generate rules in these various areas, in which developing countries are mostly rule takers, rather than equal participants. The current global financial crisis may provide a welcome opportunity for re-evaluating these institutional asymmetries. In any such re-evaluation, this book will provide a veritable cornucopia of constructive new insights.

Trade and Environmental Law
Trade and Environmental Law

Author: P. DELIMATSIS

Publisher: Edward Elgar Publishing

Published: 2021-11-28

Total Pages: 840

ISBN-13: 9781783476978

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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.

The Prospects of International Trade Regulation
The Prospects of International Trade Regulation

Author: Thomas Cottier

Publisher: Cambridge University Press

Published: 2011-04-14

Total Pages: 535

ISBN-13: 1139501259

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For a long time, the GATT led a life of its own as a self-contained regime. The evolution from tariff to non-tariff barriers brought about increasing overlaps with other regulatory areas. WTO rules increasingly interface with other areas of law and policy, including environmental protection, agricultural policies, labour standards, investment, human rights and regional integration. Against this backdrop, this book examines fragmentation in international trade regulation across a wide array of regulatory fields. To this end, it uses a conceptually coherent theoretical framework which is based on the effort to bring about greater coherence among different policy goals and fields, and thus to embed the multilateral trading system within the broader framework of international economics, law and relations. It will appeal to those interested in a forward-looking discussion of the most pressing issues of the international trade agenda.

The Future of International Economic Law
The Future of International Economic Law

Author: William J. Davey

Publisher: OUP Oxford

Published: 2008-05-22

Total Pages: 336

ISBN-13: 0191564192

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This book comprises fifteen specially commissioned contributions from the Editorial Board of the Oxford Journal of International Economic Law in celebration of the Journal's tenth anniversary. The contributions examine various issues confronting the international economic regime today, and cover a wide range of international economic institutions such as the IMF, the World Bank, and the WTO. It pays particular attention to examining the WTO and its regulatory scope, its systemic and structural deficiencies, its role in development and in liberalising trade in services, its tense relationship to regionalism and to trade-related issues such as environment, competition and dispute settlement in the field of investment. The contributions are authored by leading academics in the field, including lawyers, economists, and political scientists who come from a range of developed and developing country backgrounds. This book constitutes a reflection by important individuals on almost all the major contemporary issues facing the WTO today, and therefore represents a snapshot of the key lines of thinking among many of the leading legal scholars of the WTO and international economic regime which are likely to guide the field in the years to come. This is a book edition of the special 10th anniversary third issue of vol. 10 of the Oxford Journal of International Economic Law September 2007

Research Handbook on Climate Change and Trade Law
Research Handbook on Climate Change and Trade Law

Author: Panagiotis Delimatsis

Publisher: Edward Elgar Publishing

Published: 2016-12-30

Total Pages: 564

ISBN-13: 1783478446

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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.