Positive Integration - EU and WTO Approaches Towards the "Trade and" Debate

Positive Integration - EU and WTO Approaches Towards the

Author: Rike Krämer-Hoppe

Publisher: Springer Nature

Published: 2019-10-24

Total Pages: 153

ISBN-13: 3030256626

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This book presents a new framework for the 'trade and environment' debate and discusses the ways in which the EU and the WTO address this topic: positive, negative and non-integration. It analyses areas like food safety and renewable energy from the perspectives of legal and political science, and economics, and includes contributions focusing on various approaches, such as harmonisation, regulatory cooperation and judicialisation. In the 21st century, especially in our current times, where free trade and economic integration are increasingly being called into question, it is even more vital to find convincing normative answers and ways to address the very complex relationship between trade and environmental policies. Debunking some of the myths concerning positive and negative integration and the relationship between the two, this book is a valuable contribution to the debate on globalisation.


Stockholm 2004

Stockholm 2004

Author: Fiona Macmillan

Publisher:

Published: 2001

Total Pages: 368

ISBN-13: 9780421824201

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This work analyzes the way in which the rules of the World Trade Organisation system impact upon environmental concerns. It addresses themes such as the conservation of living resources, agriculture and sustainable development, the North/South divide, and biotechnology.


Trade and Environment in the EC and the WTO

Trade and Environment in the EC and the WTO

Author: Jochem Wiers

Publisher: Europa Law Publishing

Published: 2003

Total Pages: 520

ISBN-13: 9789076871202

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"This study describes and compares the rules of the European Community and the World Trade Organization on the liberalization of trade in goods and measures taken by members of these organizations for the protection of the environment." -- back cover.


Climate Border Adjustments and WTO Law

Climate Border Adjustments and WTO Law

Author: Ulrike Will

Publisher: BRILL

Published: 2019-07-29

Total Pages: 419

ISBN-13: 9004391053

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In Climate Border Adjustments and WTO Law, Ulrike Will develops a convincing reform proposal for a climate border adjustment (BA) on imports within the EU Emission Trading System (ETS). The proposed framework offers a realistic approach which would be immune to disputes at the WTO and comply with international climate agreements while remaining economically feasible and straightforward to implement. The book offers a comprehensive analysis of the WTO cases that might have parallels to the unresolved case of BAs. It provides interpretations of vague legal terms of the applicable WTO agreements and guidance on how to balance between environmentally related and trade liberalising WTO rules. Typified constellations of BAs pave the way for a reform of the EU ETS Directive. The inclusion of legal findings in the context of economic theory and climate science allows for a meaningful discussion of the functioning of the BA, relevant markets and competitive effects of specific design proposals. The proposed framework also takes into account the prevention of extra-jurisdictional effects.


Balancing Human Rights, Environmental Protection and International Trade

Balancing Human Rights, Environmental Protection and International Trade

Author: Emily Reid

Publisher: Bloomsbury Publishing

Published: 2015-02-26

Total Pages: 462

ISBN-13: 1782252525

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This book explores the means by which economic liberalisation can be reconciled with human rights and environmental protection in the regulation of international trade. It is primarily concerned with identifying the lessons the international community can learn, specifically in the context of the WTO, from decades of European Community and Union experience in facing this question. The book demonstrates first that it is possible to reconcile the pursuit of economic and non-economic interests, that the EU has found a mechanism by which to do so, and that the application of the principle of proportionality is fundamental to the realisation of this. It is argued that the EU approach can be characterised as a practical application of the principle of sustainable development. Secondly, from the analysis of the EU experience, this book identifies fundamental conditions crucial to achieving this 'reconciliation'. Thirdly, the book explores the implications of lessons from the EU experience for the international community. In so doing it assesses both the potential and limits of the existing international regulatory framework for such reconciliation. The book develops a deeper understanding of the inter-relationship between the legal regulation of economic and non-economic development, adding clarity to the debate in a controversial area. It argues that a more holistic approach to the consideration of 'development', encompassing economic and non-economic concerns - 'sustainable' development - is not only desirable in principle but realisable in practice.


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.


Liberalising Trade in the EU and the WTO

Liberalising Trade in the EU and the WTO

Author: Sanford E. Gaines

Publisher: Cambridge University Press

Published: 2012-08-02

Total Pages: 521

ISBN-13: 1139560603

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This comparison of EU and WTO approaches to common trade-liberalisation challenges brings together eighteen authors from Europe and America. Together they explore fundamental legal issues, such as the role of general principles of law, the role of the judiciary in the development of law, the effect of the principle of non-discrimination and the elimination of non-discriminatory barriers to trade. The contributions also examine the most recent developments in trade law across a full range of trade issues, including TBT and SPS, services, intellectual property, customs rules, safeguards, anti-dumping and government procurement. Adopting a comparative perspective throughout, this volume sheds light on today's trade law and suggests paths forward for each system through the perennial tensions between open, non-discriminatory trade and strongly held national values and objectives.


Animal Welfare and International Trade Law

Animal Welfare and International Trade Law

Author: Katie Sykes

Publisher: Edward Elgar Publishing

Published: 2021-05-28

Total Pages: 224

ISBN-13: 1839109807

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This thought-provoking book examines the rise of animal welfare as a serious policy concern in the international trade law regime. The central focus is an in-depth study of the background and legal analysis of the landmark EC – Seal Products case, which confirmed the importance of animal welfare in WTO law. The book explores how the WTO handled the relationship between trade disciplines and animal welfare, including the particularly challenging questions around Indigenous seal hunting rights. It offers a detailed account of animal welfare and animal conservation commitments in new trade agreements, as well as mechanisms for enforcement, cooperation, and citizen participation.