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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.
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.
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.
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.
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
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.
This book provides a comprehensive examination of the legal and policy interactions between international trade and measures to forestall climate change. Epps and Green cover all major aspects of the current debate and are especially attentive to the connection to economic development and poverty alleviation. The last chapter provides a creative and thoughtful menu of policy initiatives that could be undertaken in the World Trade Organization or in the UN Climate Change regime.
Situating the global poverty divide as an outgrowth of European imperialism, this book investigates current global divisions on environmental policy.
'Free Trade and the Environment' examines the impact of international economic integration on the environment, taking as a case study the experience of Mexico, as it transformed itself from one of the most closed economies in the world to one of the mostopen.
This book seeks to answer the questions: how do the rules of international treaties on trade and investment apply to the new laws and policies relating to energy-related trade, and do the rules of the multilateral system contribute to or detract from sustainable development? An emerging set of new problems in the law of international trade is how to reconcile the rules of the multilateral trading system with shortages of certain natural resources and the necessity to develop renewable energy resources. The chapters in this book provide a comprehensive analysis of the international trade issues presented by national trade laws and policies with regard to natural resources and energy. This book is about the extent to which we are interpreting existing rules to cover emerging problems and how the rules of the multilateral trading system can be adapted to achieve sustainable development in natural resources and energy. The book begins with a survey of selected national laws relating to recent restrictions on the export of natural resources, both resources used to produce energy as well as natural resources essential for industrial production. After examining the range of such laws in selected important countries, we turn to the application of the rules of the multilateral trading system to such export restrictions. We discuss the major rules of the World Trade Organization (WTO) as well as the natural resources rules in selected regional preferential free trade agreements. While there is not a comprehensive global legal regime on competition law, we believe it is also important to examine how selected national competition laws impact export restrictions on natural resources. This book will be a major contribution to the international dialogue on international economic law issues with respect to trade in natural resources and energy.