Environmental Sovereignty and the WTO: Trade Sanctions and International Law

Environmental Sovereignty and the WTO: Trade Sanctions and International Law PDF Author: Bradly Condon
Publisher: BRILL
ISBN: 9047440153
Category : Law
Languages : en
Pages : 364

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Book Description
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.

Environmental Sovereignty and the WTO: Trade Sanctions and International Law

Environmental Sovereignty and the WTO: Trade Sanctions and International Law PDF Author: Bradly Condon
Publisher: BRILL
ISBN: 9047440153
Category : Law
Languages : en
Pages : 364

Get Book Here

Book Description
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.

Trade and Environmental Law

Trade and Environmental Law PDF Author: Panos Delimatsis and Leonie Reins
Publisher: Edward Elgar Publishing
ISBN: 1783476982
Category : Law
Languages : en
Pages : 875

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Book Description
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.

Free Trade, Sovereignty, Democracy

Free Trade, Sovereignty, Democracy PDF Author: Claude E. Barfield
Publisher: American Enterprise Institute Press
ISBN:
Category : Business & Economics
Languages : en
Pages : 272

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Book Description
A penetrating look at major challenges to the World Trade Organization and the future of trade liberalization. It also shows how the WTO is moving in a direction at odds with basic democratic principles. The author closes his analysis with some policy recommendations.

Cross-border Water Trade: Legal and Interdisciplinary Perspectives

Cross-border Water Trade: Legal and Interdisciplinary Perspectives PDF Author: Piotr Szwedo
Publisher: BRILL
ISBN: 9004382895
Category : Law
Languages : en
Pages : 402

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Book Description
Cross-border Water Trade: Legal and Interdisciplinary Perspectives is a critical assessment of one of the growing problems faced by the international community — the global water deficit. Cross-border water trade is a solution that generates ethical and economic but also legal challenges. Economic, humanitarian and environmental approaches each highlight different and sometimes conflicting aspects of the international commercialization of water. Finding an equilibrium for all the dimensions required an interdisciplinary path incorporating certain perspectives of natural law. The significance of such theoretical underpinnings is not merely academic but also quite practical, with concrete consequences for the legal status of water and its fitness for international trade.

The WTO Dispute Settlement Mechanism

The WTO Dispute Settlement Mechanism PDF Author: Alberto do Amaral Júnior
Publisher: Springer
ISBN: 3030032639
Category : Law
Languages : en
Pages : 391

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Book Description
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.

Environmental Process and Production Methods (PPMs) in WTO Law

Environmental Process and Production Methods (PPMs) in WTO Law PDF Author: David Sifonios
Publisher: Springer
ISBN: 3319657267
Category : Law
Languages : en
Pages : 342

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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.

Environmental Border Tax Adjustments and International Trade Law

Environmental Border Tax Adjustments and International Trade Law PDF Author: Alice Pirlot
Publisher: Edward Elgar Publishing
ISBN: 1786435519
Category : Law
Languages : en
Pages : 351

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Book Description
This timely book brings clarity to the debate on the new legal phenomenon of environmental border tax adjustments. It will help form a better understanding of the role and limits these taxes have on environmental policies in combating global environmental challenges, such as climate change.

Trade in Water Under International Law

Trade in Water Under International Law PDF Author: Fitzgerald Temmerman
Publisher: Edward Elgar Publishing
ISBN: 178536913X
Category : Law
Languages : en
Pages : 271

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Book Description
It is clear that more sustainable and efficient use of fresh water resources will become crucial in future global water management to avoid major threats to biological life. Trade in Water Under International Law offers a careful and well-reasoned introduction and analysis of this emerging and largely unchartered subject of international trade law, which has hitherto been of key importance in domestic law and policy, exploring the potential and limits of addressing the use of water resources in the context of World Trade Organization law.

The Functions of International Adjudication and International Environmental Litigation

The Functions of International Adjudication and International Environmental Litigation PDF Author: Joshua Paine
Publisher: Cambridge University Press
ISBN: 1108493491
Category : Law
Languages : en
Pages : 369

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Book Description
Uses the focus of environmental disputes to develop a novel comparative analysis of the functions of international courts and tribunals.

Environment and Politics

Environment and Politics PDF Author: Timothy Doyle
Publisher: Routledge
ISBN: 1135963258
Category : Political Science
Languages : en
Pages : 307

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Book Description
Environment and Politics 4th Edition is a concise introduction to this ever-expanding interdisciplinary field, explaining and illustrating how concepts, conflicts, movements, political systems and the practices of policy-making can be analysed in a systematic way. This book provides a comprehensive overview of the key themes that shape the field, and examines a diverse range of environmental problems and policy solutions found in different countries and cultures. The new edition has been extensively revised to include up-to-date explanation of green political theories and traditions and the debates that shape action on the ground. It contains an expanded discussion of environmental movements that work in the Global North, the Global South and transnationally. Greater attention has been given to the roles of corporations, non-governmental organizations, the media, consumers and citizens in order to reflect the changing nature of environmental governance. The text also focuses throughout on debates surrounding the concepts of environmental security, environmental justice and environmental citizenship. The authors examine the institutional responses of parliaments, administrative, legal and electoral systems; the more informal politics of social movements; and the politics of markets and the corporate sector as they respond to (or resist) the greening of societies. This engaging text has been fully updated to offer readers a greater understanding of international, national and local environmental politics as well as expected future developments at all levels. Environment and Politics continues to use illustrative examples of conflicts, people and events spanning North and South America, Europe, Asia, Africa and Australia, giving it global perspective and relevance. Each chapter includes questions for debate as well as a list of key words and resources for independent research. This successful textbook remains a key resource for undergraduate and postgraduate studies across politics, environmental studies, development studies and human geography courses.