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Author: David Sifonios
Publisher: Springer
ISBN: 3319657267
Category : Law
Languages : en
Pages : 334
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Book Description
This book examines the conditions under which PPM measures may be adopted under WTO law de lege lata and de lege ferenda. It analyses in detail the complex case law in this field and its evolution in the last 25 years, as well as the many doctrinal debates around PPM measures and their relevance in the light of the evolution of case law, both under the GATT and the TBT Agreement. Further, it also suggests an original approach to the interpretation of the relevant provisions of the GATT and the TBT Agreement in the context of PPM measures. The PPM issue has been one of the most debated topics in the trade and environment debate. Even though the US–Shrimp case showed that PPM measures are not prohibited per se under the GATT, many questions remain unanswered when it comes to the precise conditions under which environmental PPM measures are justifiable under WTO law, for example in the field of trade measures relating to climate change mitigation efforts, natural resources management policies and biodiversity conservation measures.
Author: David Sifonios
Publisher: Springer
ISBN: 3319657267
Category : Law
Languages : en
Pages : 334
Get Book
Book Description
This book examines the conditions under which PPM measures may be adopted under WTO law de lege lata and de lege ferenda. It analyses in detail the complex case law in this field and its evolution in the last 25 years, as well as the many doctrinal debates around PPM measures and their relevance in the light of the evolution of case law, both under the GATT and the TBT Agreement. Further, it also suggests an original approach to the interpretation of the relevant provisions of the GATT and the TBT Agreement in the context of PPM measures. The PPM issue has been one of the most debated topics in the trade and environment debate. Even though the US–Shrimp case showed that PPM measures are not prohibited per se under the GATT, many questions remain unanswered when it comes to the precise conditions under which environmental PPM measures are justifiable under WTO law, for example in the field of trade measures relating to climate change mitigation efforts, natural resources management policies and biodiversity conservation measures.
Author: Christiane R. Conrad
Publisher: Cambridge University Press
ISBN: 1139497642
Category : Law
Languages : en
Pages : 567
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Book Description
Despite a decades-long debate, starting with the 'Tuna-Dolphin' disputes of the 1990s, questions on the status of national regulatory measures linked to processes and production methods in WTO law have yet remained unsolved. Likewise, labelling requirements relating to unincorporated aspects of a product's life cycle remain strongly contested. These ongoing disputes at the WTO as well as global social and environmental challenges related to economic activities show how topical and important the search for adequate answers still is. Processes and Production Methods (PPMs) in WTO Law identifies and comprehensively analyses the key legal problems concerning such measures, setting them in the context of the current debate and its economic and regulatory background. Christiane R. Conrad develops a new approach to this debate which draws on the objectives and established economic rationales of the WTO Agreements.
Author: Amber Rose Maggio
Publisher: Springer
ISBN: 3319611550
Category : Law
Languages : en
Pages : 258
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Book Description
This book explores the legal regime of non-product related process and production methods (NPR PPMs) in the context of trade-restrictive environmental measures, eco-labelling requirements and sanitary measures under the WTO. These issues serve as concrete, representative examples that raise broader questions about the legitimacy of the WTO dispute settlement system and help to explore the true position of WTO members in this complex legal regime. NPR PPMs are process and production methods that do not affect the product as such, meaning that there is no discernible difference in two products with different NPR PPMs. This work examines WTO states’ attempts to regulate in this regard and create product distinctions on the basis of NPR PPMs. To do so, it scrutinizes historical, institutional, substantive and case-law issues related to NPR PPMs, environmental policy and the WTO. Further, the book addresses the issues of legitimacy, regulatory space and reform, contributing to the lively debate on the future of the WTO.
Author: Christiane R. Conrad
Publisher: Cambridge University Press
ISBN: 9781107694156
Category : Law
Languages : en
Pages : 566
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Book Description
Despite a decades-long debate, starting with the 'Tuna-Dolphin' disputes of the 1990s, questions on the status of national regulatory measures linked to processes and production methods in WTO law have yet remained unsolved. Likewise, labelling requirements relating to unincorporated aspects of a product's life cycle remain strongly contested. These ongoing disputes at the WTO as well as global social and environmental challenges related to economic activities show how topical and important the search for adequate answers still is. Processes and Production Methods (PPMS) in WTO Law identifies and comprehensively analyses the key legal problems concerning such measures, setting them in the context of the current debate and its economic and regulatory background. Christiane R. Conrad develops a new approach to this debate which draws on the objectives and established economic rationales of the WTO Agreements.
Author: Barbara Cooreman
Publisher: Edward Elgar Publishing
ISBN: 1786434393
Category :
Languages : en
Pages : 336
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Book Description
Despite an increasing global awareness of environmental concerns, setting internationally binding and ambitious commitments has proven exceedingly complex. As states are seeking alternative methods to support global environmental protection, this book takes a closer look at the possibility of using national trade measures that make market access conditional on the environmental impact of the production process abroad.
Author: Sang Hyuck Lee
Publisher: Independently Published
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
The purpose of this book is to conduct a legal reasoning on eco-taxes in the WTO, as a way to find solutions-short-term and long-term ones-for environmental problems, especially focusing on those from pollution-causing processes and production methods (PPMs). More fundamentally, it can contribute to a potential transformation of the WTO into a true regime for "sustainable development," which is stipulated as an objective of the WTO in the Preamble to the Marrakesh Agreement Establishing the World Trade Organization (WTO Agreement). The term "sustainable development" means "development that meets the needs of the present without compromising the ability of future generations to meet their own needs." In other words, this concept may be simply understood as a compromise or sustainability between economic development and environmental protection, or between free trade and the environment. Throughout this book, all the legal analysis and reasoning lead to a conclusion that a 'relevant and considerate' imposition of eco-taxes, especially those to address pollution-causing PPMs, can contribute to the achievement of sustainable development and environmental protection under the 'current' WTO system. The meaning of being 'relevant and considerate' will be elaborated through the analysis of the relevant provisions of the WTO Agreements and the Panel and Appellate Body reports concerned. Also, the meaning of being 'current' will be clarified by categorizing the solutions into short-term and long-term ones.
Author: Laura Nielsen
Publisher: BRILL
ISBN: 9047440048
Category : Law
Languages : en
Pages : 377
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Book Description
WTO, Animals & PPMs offers a new analytical framework for GATT Article XX, which inter alia clarifies the legal and analytical problems attached to non-product related PPMs. The text covers the barriers countries can enact to protect animals (as animal welfare- or biodiversity protection) in the course of trade and their consistency with the WTO rules. The analyses are, however, also useful for a broader range of environmental and moral topics.
Author: International Institute for Sustainable Development
Publisher: UNEP/Earthprint
ISBN: 1895536219
Category : Environmental policy
Languages : en
Pages : 96
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Book Description
Reference tool to facilitate broader understanding and awareness of relationship between environment and trade which can then become the basis on which fair and environmentally sustainable policies and trade flows are built.
Author:
Publisher:
ISBN:
Category : Commercial policy
Languages : en
Pages : 36
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Book Description
Author: Erich Vranes
Publisher:
ISBN: 9780199562787
Category : Business & Economics
Languages : en
Pages : 0
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Book Description
The relevance of the WTO legal system for environmental protection is a central topic in general international law, WTO law and international environmental law. The relationship between WTO law and international and domestic efforts to protect the environment has moved to centre stage in WTO and international environmental law. It has also spurred the discussion on fragmentation in international law in recent years. This book analyzes these issues by examining the 'horizontal' interaction between WTO law and 'other' international law, the 'vertical' relationship between WTO law and domestic law, and the contents and the interrelations between fundamental provisions of WTO law. This study relies on established insights from legal theory in order to achieve greater clarity in legal argumentation. The main results of this analysis are applied to two topical instances of international regime interplay, namely the relevance of WTO law for international and domestic measures protecting the earth's climate and the ozone layer. A series of controversial topics in WTO and general international law are addressed in this book, including the notion of conflicts of norms, and the resolution of conflicts of norms; the role of international law in WTO proceedings; extraterritorial jurisdiction and unilateral trade measures; proportionality and balancing of interests in international and WTO law; the core disciplines of the GATT and the TBT Agreement; process and production-based measures (PPMs) in WTO law; climate protection, protection of the ozone layer, and WTO disciplines.
