Author: Simon Baughen
Publisher: Taylor & Francis
ISBN: 1000947025
Category : Law
Languages : en
Pages : 275
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Book Description
Analyzing globalization and the increasing tension it has caused between the goals of free trade and environmental protection, International Trade and the Protection of the Environment provides a comprehensive and detailed legal analysis, both at the national and international level of what looks set to become the new legal order of the twenty-first century. This book asks the questions does the treatment of ‘measures tantamount to expropriation’ have the capacity to lead to a ‘regulatory chill’ on environmental protection and what are the possibilities for claims before the UK courts that are based on alleged violations of international law? To answer them the author offers: an informed and critical commentary on the continuing controversy on GMO products, in particular on the recent WTO award in the EC-Biotech dispute a comparison of the treatment of the expropriation under NAFTA and bilateral investment treaties with position under article one of the first protocol of the European convention on human rights an analysis of the human rights dimension to claims for environmental damage against multi-national corporations, focusing particularly on claims in the US under the Alien Trot Claims Act 1789 Incisive and current, this text is a valuable tool for postgraduate law students studying international and commercial law.
Author: Amitrajeet A Batabyal
Publisher: CRC Press
ISBN: 1420032623
Category : Business & Economics
Languages : en
Pages : 344
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Book Description
Issues related to environmental protection and trade liberalization have moved to the forefront of international policy agendas. The Economics of International Trade and the Environment explores - from an economic standpoint - many of the questions that are germane in increasing our knowledge of environmental policy in the presence of international
Author: Emily Reid
Publisher: Bloomsbury Publishing
ISBN: 1782252525
Category : Law
Languages : en
Pages : 272
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Book Description
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.
Author: Alice Pirlot
Publisher: Edward Elgar Publishing
ISBN: 1786435519
Category : Law
Languages : en
Pages : 352
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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.
Author: Francesco Francioni
Publisher: Hart Publishing
ISBN: 1841132179
Category : Law
Languages : en
Pages : 391
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Book Description
Images of tear-gas filled streets during the 1999 WTO meeting in Seattle woke the world up to the fact that there was a major controversy brewing about the legitimacy of the ability of the organization and sister institutions to trump nationally enacted laws protecting the environment and human rights in the name of free trade. Francioni (law, U. of Siena) presents the contributions of 12 academics from the field of international law who, on the whole, recognize that the complaints of protestors are legitimate and real and recommend some specific policy and legal changes in the structures of the international financial institutions and in free trade treaties between countries. The articles separately focus on genetically modified organisms, intellectual property rights, environmental law, technology transfer, labor rights, human rights sanctions, child labor, and the impact of NAFTA on the environment. Distributed by ISBS. c. Book News Inc.
Author: Brian R. Copeland
Publisher: Princeton University Press
ISBN: 1400850703
Category : Business & Economics
Languages : en
Pages : 305
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Book Description
Nowhere has the divide between advocates and critics of globalization been more striking than in debates over free trade and the environment. And yet the literature on the subject is high on rhetoric and low on results. This book is the first to systematically investigate the subject using both economic theory and empirical analysis. Brian Copeland and Scott Taylor establish a powerful theoretical framework for examining the impact of international trade on local pollution levels, and use it to offer a uniquely integrated treatment of the links between economic growth, liberalized trade, and the environment. The results will surprise many. The authors set out the two leading theories linking international trade to environmental outcomes, develop the empirical implications, and examine their validity using data on measured sulfur dioxide concentrations from over 100 cities worldwide during the period from 1971 to 1986. The empirical results are provocative. For an average country in the sample, free trade is good for the environment. There is little evidence that developing countries will specialize in pollution-intensive products with further trade. In fact, the results suggest just the opposite: free trade will shift pollution-intensive goods production from poor countries with lax regulation to rich countries with tight regulation, thereby lowering world pollution. The results also suggest that pollution declines amid economic growth fueled by economy-wide technological progress but rises when growth is fueled by capital accumulation alone. Lucidly argued and authoritatively written, this book will provide students and researchers of international trade and environmental economics a more reliable way of thinking about this contentious issue, and the methodological tools with which to do so.
Author: Fengan Jiang
Publisher: Routledge
ISBN: 1000404781
Category : Law
Languages : en
Pages : 208
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Book Description
This book argues for a balanced approach to ‘greening’ the World Trade Organization (WTO) ban on China’s export duties without opening the floodgates to protectionism. As a result of the China—Raw Materials and China—Rare Earths decisions, China is largely prohibited from using export duties to address environmental problems, including those associated with climate change. This is despite a number of climate studies having suggested that Chinese export duties could be useful for reducing carbon leakage, an issue of international concern. This book puts the case for a more balanced approach. It shows that a harsh ban on China’s export duties constrains its policy space to protect the environment, particularly in the context of climate change. The work presents feasibility tests for various legal solutions that have been discussed for adjusting the ban, and it accordingly proposes a more feasible approach that would allow China to help protect the environment without advancing protectionism. The proposed legal option provides a less protectionist alternative to export duties, namely ‘export duties plus’: export duties in combination with supplementary restrictions on Chinese consumption. This analysis also yields insights regarding ways to correct WTO precedents, which suggests a moderate alternative response to an important issue behind the Appellate Body crisis. The book will be a valuable resource for academics, researchers and policymakers in the areas of International Trade Law, Environmental Law and China.
Author: Daniel C. Esty
Publisher: Peterson Institute
ISBN: 9780881322057
Category : Business & Economics
Languages : en
Pages : 348
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Book Description
This text examines the vital connections between trade, environment and development. It argues that current international trade rules and institutions must be significantly reformed to address environmental concerns while still promoting economic growth and development.
Author: Elena Cima
Publisher: BRILL
ISBN: 9004467564
Category : Law
Languages : en
Pages : 374
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Book Description
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.
Author: Eric Neumayer
Publisher: Routledge
ISBN: 1351564935
Category : Business & Economics
Languages : en
Pages : 240
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Book Description
A comprehensive, critical analysis of the interactions between investment, trade and the environment. It examines the consequences of existing multilateral investment and trade regimes, including the WTO and the MAI for the environment, and asks how they should be reformed to protect it. In doing so, the text shows how these regimes can be greened without erecting protectionist barriers to trade that frustrate the development aspirations of poorer countries. The solution seeks to offer a way out of one of the most difficult dilemmas in international policy: how investment and trade can protect the environment without encouraging protectionism by the industrialized world.
