From Exception to Promotion: Re-Thinking the Relationship between International Trade and Environmental Law: International Environmental Law, cartea 16
Autor Elena Cimaen Limba Engleză Hardback – 13 oct 2021
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Specificații
ISBN-13: 9789004467552
ISBN-10: 9004467556
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria International Environmental Law
ISBN-10: 9004467556
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria International Environmental Law
Notă biografică
Elena Cima, Ph.D, IHEID, is a Lecturer in International Energy Law at the University of Geneva. She has recently co-edited the book A Multifaceted Approach to Trade Liberalisation and Investment Protection in the Energy Sector (Brill, 2021) and has published in peer-reviewed journals.
Cuprins
Acknowledgments
List of Illustrations
Table of Cases
Table of Treaties and Legislations
Table of Documents
Abbreviations
1Introduction
1 Vantage Points
2 The Untold Story of the Trade/Environment Nexus
2.1Transcending the ‘Trade and …’ Debate
2.2The Importance of Historical Inquiry
3 The Hidden Thread
3.1Trade Is a Means to an End
3.2The International Trade Regime Is Historically Contingent
3.2.1 The Emergence of Free Trade thought—The 1850s
3.2.2 Post-war Economic Reconstruction and the gatt
3.2.3 The 1980s and the wto project
3.2.4 A New Rationale?
3.3Individuals and Communities Contribute to Changes in Collective Ideas
3.3.1 Right Conditions, Right Environment
3.3.2 The Trade Policy Elite: The Creation of an Environment Un-Conducive to Learning and Change
3.3.3 Making Learning Possible
4 What Lies Ahead
4.1Choices
4.2A Cartography
4.3Structure of the Book
2First Came Economic Cooperation The Genesis of the Nexus
1 The Moral Value of Trade and the Need for International Trade Cooperation
1.1The Senator from Tennessee and the International Dimension of Trade Policy
1.2‘When Goods Don’t Cross Borders, Soldiers Will’
1.3The Call for an International Trade Conference
1.4Anglo-American Trade Collaboration: The Atlantic Conference
1.5Anderson’s Circus
1.6Meade’s Multilateral Approach to Trade Agreements
1.7Havana
2 International Cooperation to Protect Our Spaceship Earth
2.1The Utilitarian Approach to Environmental Protection
2.2“We Have Met the Enemy and He Is Us”
2.3Spaceship Earth
2.4The ‘Internationalist’ from Oak Lake
2.5On the Road to Stockholm
3 The Environment as a Late-Comer
3.1Mr. Clean—The Senator from Maine
3.2The Commerce Clause and the Limits to Federal Environmental Law-Making
3.3The Economic Purpose of Early European Environmental Efforts
3.4The Environment Overlooked at Havana
3.5unep and The Organizational Challenge
3.6The Environment as an ‘Add-On’: The Origin of the Nexus
3The Exception-Based Model
1 The Environment Cornered in Exception Clauses
1.1The Environment Seen Through Free Trade Glasses
1.2Who’s Afraid of Environmental Measures?—Part i. Environmental Measures as Non-Tariff Barriers
1.3Who’s Afraid of Environmental Measures?—Part ii. The Harmonization Agenda
1.4The Exception to the Rule
1.5The Real Story of ‘Environmental’ Exceptions or ‘On How They Became Environmental’
1.6The Indeterminacy of Trade Law and the Neoliberal Turn
2 Rivalry
2.1Dialogue of the Deaf
2.2Everyone for Themselves
2.3Between Two Fires
2.4Development First
2.5To Each His Own Fear
2.6Like Riding Bicycles
3 How Exceptions Work: The Environment Upstaged
3.1A Clause to Prevent All Abuses
3.2A ‘Narrowly Defined’ Exception
3.3Who Bears the Risk of Non-Persuasion?
3.4Judges with Limited Mandate and Expertise
3.5Trade Liberalization First
4The Evolution of the Nexus The Quest for Balance
1 The Need for Balance
1.1Lady Jackson
1.2Same Game, New Rules
1.3Which Takes Precedence, Environment or Development?
1.4Trade Too Can Harm the Environment
1.5Assessing Environmental Impacts
1.6Maquiladoras, Hazardous Waste, and the Pollution Haven Package
1.7This Is Not Solely an International Story
2 Finding Balance
2.1Free Traders and Environmentalists: Together at Last
2.2The Committee on Trade and Environment: wto’s ‘Softer’ Version of Institutional Integration
2.3Seven ‘Faceless Foreign Judges’
2.4Finding Balance through Interpretation
2.5ftas and the Introduction of ‘Updated’ Exceptions
2.6An Exception and Nothing More
3 Beyond Exceptions
3.1The (Not So) Thin Line between Exceptions and Exemptions
3.2The Right to Protect the Environment
3.3fta s’ Environmental Framework
3.3.1 Environmental Principles
3.3.2 Environmental Obligations
3.3.3 Dispute Settlement
3.4The Road Ahead
5Can Trade Work for the Environment? The Promotion-Based Model
1 Tables Have Turned
1.1The Instrumental Role of Trade
1.2A Global Green New Deal
1.3Trading Places: A Brief History of Means and Ends
2 Negotiating Trade Rules with the Environment in Mind
2.1Plenty of Fish in the Sea?
2.2The Untapped Green Potential of the Subsides Agreement
2.3Three Ways to Protect the Environment
2.4Trade Sanctions and Forests Protection
2.5A New Kind of Environmental Bargain
2.6The EU’s Sustainable Commercial Policy
2.7From Exception to Promotion
i
ii
iii
3 The Power of Ideas
3.1From Weak to Strong Integration
3.2Watching the Seeds Grow
3.3The Development Factor
3.4It’s Not All About the Environment
3.5Two Birds with One Stone
3.6Missed Opportunities
6Conclusions
1 Ideational Change
2 Historical Contingency
2.1The gatt and Embedded Liberalism
2.2The wto and the Resurgence of Neoliberalism
2.3The 2030 Agenda and the Instrumental Role of Trade
3 A New Trade Story
3.1One. The Trade Regime: Can’t Live Without It
3.2Two. Asking the Right Question
3.3Three. An Organizing Principle for the Trade Regime
Bibliography
Index
List of Illustrations
Table of Cases
Table of Treaties and Legislations
Table of Documents
Abbreviations
1Introduction
1 Vantage Points
2 The Untold Story of the Trade/Environment Nexus
2.1Transcending the ‘Trade and …’ Debate
2.2The Importance of Historical Inquiry
3 The Hidden Thread
3.1Trade Is a Means to an End
3.2The International Trade Regime Is Historically Contingent
3.2.1 The Emergence of Free Trade thought—The 1850s
3.2.2 Post-war Economic Reconstruction and the gatt
3.2.3 The 1980s and the wto project
3.2.4 A New Rationale?
3.3Individuals and Communities Contribute to Changes in Collective Ideas
3.3.1 Right Conditions, Right Environment
3.3.2 The Trade Policy Elite: The Creation of an Environment Un-Conducive to Learning and Change
3.3.3 Making Learning Possible
4 What Lies Ahead
4.1Choices
4.2A Cartography
4.3Structure of the Book
2First Came Economic Cooperation The Genesis of the Nexus
1 The Moral Value of Trade and the Need for International Trade Cooperation
1.1The Senator from Tennessee and the International Dimension of Trade Policy
1.2‘When Goods Don’t Cross Borders, Soldiers Will’
1.3The Call for an International Trade Conference
1.4Anglo-American Trade Collaboration: The Atlantic Conference
1.5Anderson’s Circus
1.6Meade’s Multilateral Approach to Trade Agreements
1.7Havana
2 International Cooperation to Protect Our Spaceship Earth
2.1The Utilitarian Approach to Environmental Protection
2.2“We Have Met the Enemy and He Is Us”
2.3Spaceship Earth
2.4The ‘Internationalist’ from Oak Lake
2.5On the Road to Stockholm
3 The Environment as a Late-Comer
3.1Mr. Clean—The Senator from Maine
3.2The Commerce Clause and the Limits to Federal Environmental Law-Making
3.3The Economic Purpose of Early European Environmental Efforts
3.4The Environment Overlooked at Havana
3.5unep and The Organizational Challenge
3.6The Environment as an ‘Add-On’: The Origin of the Nexus
3The Exception-Based Model
1 The Environment Cornered in Exception Clauses
1.1The Environment Seen Through Free Trade Glasses
1.2Who’s Afraid of Environmental Measures?—Part i. Environmental Measures as Non-Tariff Barriers
1.3Who’s Afraid of Environmental Measures?—Part ii. The Harmonization Agenda
1.4The Exception to the Rule
1.5The Real Story of ‘Environmental’ Exceptions or ‘On How They Became Environmental’
1.6The Indeterminacy of Trade Law and the Neoliberal Turn
2 Rivalry
2.1Dialogue of the Deaf
2.2Everyone for Themselves
2.3Between Two Fires
2.4Development First
2.5To Each His Own Fear
2.6Like Riding Bicycles
3 How Exceptions Work: The Environment Upstaged
3.1A Clause to Prevent All Abuses
3.2A ‘Narrowly Defined’ Exception
3.3Who Bears the Risk of Non-Persuasion?
3.4Judges with Limited Mandate and Expertise
3.5Trade Liberalization First
4The Evolution of the Nexus The Quest for Balance
1 The Need for Balance
1.1Lady Jackson
1.2Same Game, New Rules
1.3Which Takes Precedence, Environment or Development?
1.4Trade Too Can Harm the Environment
1.5Assessing Environmental Impacts
1.6Maquiladoras, Hazardous Waste, and the Pollution Haven Package
1.7This Is Not Solely an International Story
2 Finding Balance
2.1Free Traders and Environmentalists: Together at Last
2.2The Committee on Trade and Environment: wto’s ‘Softer’ Version of Institutional Integration
2.3Seven ‘Faceless Foreign Judges’
2.4Finding Balance through Interpretation
2.5ftas and the Introduction of ‘Updated’ Exceptions
2.6An Exception and Nothing More
3 Beyond Exceptions
3.1The (Not So) Thin Line between Exceptions and Exemptions
3.2The Right to Protect the Environment
3.3fta s’ Environmental Framework
3.3.1 Environmental Principles
3.3.2 Environmental Obligations
3.3.3 Dispute Settlement
3.4The Road Ahead
5Can Trade Work for the Environment? The Promotion-Based Model
1 Tables Have Turned
1.1The Instrumental Role of Trade
1.2A Global Green New Deal
1.3Trading Places: A Brief History of Means and Ends
2 Negotiating Trade Rules with the Environment in Mind
2.1Plenty of Fish in the Sea?
2.2The Untapped Green Potential of the Subsides Agreement
2.3Three Ways to Protect the Environment
2.4Trade Sanctions and Forests Protection
2.5A New Kind of Environmental Bargain
2.6The EU’s Sustainable Commercial Policy
2.7From Exception to Promotion
i
ii
iii
3 The Power of Ideas
3.1From Weak to Strong Integration
3.2Watching the Seeds Grow
3.3The Development Factor
3.4It’s Not All About the Environment
3.5Two Birds with One Stone
3.6Missed Opportunities
6Conclusions
1 Ideational Change
2 Historical Contingency
2.1The gatt and Embedded Liberalism
2.2The wto and the Resurgence of Neoliberalism
2.3The 2030 Agenda and the Instrumental Role of Trade
3 A New Trade Story
3.1One. The Trade Regime: Can’t Live Without It
3.2Two. Asking the Right Question
3.3Three. An Organizing Principle for the Trade Regime
Bibliography
Index