Sustainable Development in World Trade Law

Portada
Markus W. Gehring, Marie-Claire Cordonier Segger
Kluwer Law International B.V., 2005 M01 1 - 735 páginas

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.

Dentro del libro

Contenido

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
b Information Exchange and Observer Status
68
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
Preface by Prof Frédéric Jenny
361
F International Cooperation on Sustainable Competition?
369
THE DEFINITION OF INVESTMENT IN ICSID
375
A Principles of Interpretation
381

Henning Jessen
77
The Concept of Sustainable Development and its Connection
84
The WTOs General Contribution to Development
93
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
Preface by Hon Ibrahim Salama
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
When can a transaction be said to contribute to economic
388
How have ICSID tribunals approached the investment issue? 2 Fedax NV Fedax v Republic of Venezuela Venezuela 1997 3 Ceskoslovenska Obchod...
393
Comparing Approaches to the Investment Issue
407
The Evolving Community
420
A European Social Policy? 2 Negative Harmonisation 433
433
Public Participation in DecisionMaking
448
NEGOTIATING SUSTAINABLE DEVELOPMENT IN
461
Preface by Prof Carlos Murillo
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

Otras ediciones - Ver todas

Términos y frases comunes

Información bibliográfica