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International Trade and the Protection of the Environment

International Trade and the Protection of the Environment
Author: Simon Baughen
Publisher: Taylor & Francis
Total Pages: 275
Release: 2023-03-31
Genre: Law
ISBN: 1000947025

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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.


Environmental Border Tax Adjustments and International Trade Law

Environmental Border Tax Adjustments and International Trade Law
Author: Alice Pirlot
Publisher: Edward Elgar Publishing
Total Pages: 352
Release: 2017-10-27
Genre: Law
ISBN: 1786435519

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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.


The Economics of International Trade and the Environment

The Economics of International Trade and the Environment
Author: Amitrajeet A Batabyal
Publisher: CRC Press
Total Pages: 344
Release: 2001-02-07
Genre: Business & Economics
ISBN: 1420032623

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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


Environment, Human Rights and International Trade

Environment, Human Rights and International Trade
Author: Francesco Francioni
Publisher: Hart Publishing
Total Pages: 391
Release: 2001-06
Genre: Law
ISBN: 1841132179

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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.


Greening Trade and Investment

Greening Trade and Investment
Author: Eric Neumayer
Publisher: Routledge
Total Pages: 240
Release: 2017-09-25
Genre: Business & Economics
ISBN: 1351564935

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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.


From Exception to Promotion

From Exception to Promotion
Author: Elena Cima
Publisher: BRILL
Total Pages: 374
Release: 2021-10-18
Genre: Law
ISBN: 9004467564

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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.


The Greening of Trade Law

The Greening of Trade Law
Author: Richard H. Steinberg
Publisher: Rowman & Littlefield
Total Pages: 340
Release: 2002
Genre: Law
ISBN: 9780742510463

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In this first book to systematically compare how each of the world's major international trade organizations have handled environmental issues, leading specialists provide a balanced analysis of the development of trade and the environment rules in the World Trade Organization, the European Union, the North American Free Trade Agreement, the Free Trade Area of the Americas, the Asia Pacific Economic Cooperation forum, the International Organization for Standardization, and other key organizations. Deftly combining policy and theory, the authors offer a range of heuristics and normative orientations in an effort to understand one of the globe's most contentious and timely dilemmas. Visit our website for sample chapters!


Greening the GATT

Greening the GATT
Author: Daniel C. Esty
Publisher: Peterson Institute
Total Pages: 348
Release: 1994
Genre: Business & Economics
ISBN: 9780881322057

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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.


Balancing Human Rights, Environmental Protection and International Trade

Balancing Human Rights, Environmental Protection and International Trade
Author: Emily Reid
Publisher: Bloomsbury Publishing
Total Pages: 366
Release: 2015-02-26
Genre: Law
ISBN: 1782252517

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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.


Environmental Goods and Services

Environmental Goods and Services
Author: Organisation for Economic Co-operation and Development
Publisher: OECD
Total Pages: 128
Release: 2001-07-31
Genre: Business & Economics
ISBN:

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To what extent are there trade impediments to the transfer and adoption of environmental goods and services? How can these be addressed by global trade negotiations? What is the role of complementary measures in order to ensure "win-win" benefits -- that is promoting both environmental protection and economic growth? And how can developing countries also benefit to ensure a triple -- "win-win-win" -- situation? This book addresses these questions. A key conclusion of the research is the need for policy settings to address both supply and demand-side factors. Indeed supply-side factors, including a diverse and cumulative range of trade barriers are more significant inhibitors of the deployment of technology and service-based solutions to global environmental challenges than has been assumed heretofore. As a new round of services trade negotiations gathers momentum at the World Trade Organisation, and efforts continue to launch a broader WTO Round encompassing tariff negotiations, it is hoped this volume makes a timely contribution to debate on how trade liberalisation can yield concrete results on the journey to sustainable development.