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Sustainable Development in World Trade Law
Sustainable Development in World Trade Law
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, (MEA¿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 (MEA¿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.
- Foreword Prof. Georges Abi-Saab. 1. Introduction. Marie-Claire Cordonier Segger & Dr. Markus W. Gehring Part I: Foundations: 2. Trade and Environment in the Context of Sustainable Development. Matthew Stilwell Preface by James Cameron 3. Trade and Development Law. Henning Jessen Preface by Ricardo Melendez-Ortiz 4. A Perspective on Trade and Labour Rights. Prof. Christopher McCrudden and Dr. Anne Davies Preface by Dr. Kamal Hossain 5. Integrating Social and Economic Development and Environmental Protection in World Trade Law. Marie-Claire Cordonier Segger Preface by Prof. Nico J. Schrijver Part II: Sustainable Developments in World Trade Law: 6. Sustainable Development through Process in World Trade Law.Dr. Markus W. Gehring and Marie-Clarie Cordonier Segger Preface by Hon. Sergio Marchi 7. Human Rights Impact Assessments of Trade-Related Policies. Simon Walker Preface by Hon. Ibrahim Salama 8. Does The WTO Dispute Settlement Understanding Promote Sustainable Development. Tenu Avafia Preface by 9. The Trips Agreement at a Crossroads: Intellectual Property and Sustainable Development in the Doha Round. Maria Julia Oliva and Sisule F. Musungu Preface by Pia Rodriguez 10. Intellectual Property Rights and Traditional Knowledge. W. Bradneee Chambers, Dr. Alphonse Kambu and Christine Frison Preface by Shawn Atleo (Chief Ainchut)11. Trade, Agriculture and Sustainability in Land Use. Prof. Dr. Stefan Oeter Preface by Jacques Diouf 12. The `Singapore Issues, Competition and Sustainable Development.Dr. Markus W. Gehring Preface by Prof. Frederic Jenny 13. The Definition of Investment in ICSID Arbitration: Development Lessons for the WTO? Martin Endicott Preface by Prof. Thomas W. Walde 14. Is European Law Becoming more Sustainable?. Mario Prost Preface by Prof. Armand de Mestral 15. Negotiating Sustainable Development in the Free Trade Area of the Americas. Marie-Claire Cordonier Segger Preface by Prof. Carlos Murillo16. The Australia-US Free Trade Agreement: A Sustainability Case Study of a Post-Cancun FTA. Michael KerrPreface by Nicholas Sinclair-Brown 17 Sustainable Develoment, Trade and Social Exclusion in Asia. Dr. Kishan Khoday.Preface by Prof. Gary Sampson Part III: Future Directions: 18. International Public Health and Trade Law. Dr. Maya Prabhu and Kathryn GarforthPreface by Prof. Magaret Somervilled 19. Investment Tribunals and the Commercial Arbitration Model: Mixed Procedures and Creeping Institutionalization.Prof. Fabien Gelinas Preface by Prof. Ko-Yung Tung 20. Precaution in Multilateral Environmental Agreements and Its impact on the World Trading System. Prof. Helene Trudeau and Celine NegrePreface by Prof. Robert Howse 21. Conclusions. Dr. Markus W. Gehring, Marie-Claire Cordonier Segger and Martin Endicott