Due Diligence in International Trade Law

2020 ◽  
pp. 312-328
Author(s):  
Markus Krajewski
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
International Trade ◽  
Trade Agreements ◽  
Good Faith ◽  
Due Diligence ◽  
Trade Regime ◽  
International Trade Agreements ◽  
Trade Law ◽  
International Trade Law

This chapter assesses and analyses elements of due diligence in existing international trade agreements. It highlights due diligence obligations in this field, such as obligations to cooperate, to negotiate in good faith, or to notify about measures which could be harmful to other countries. The chapter also discusses elements applicable to the negotiation and implementation of trade agreements, especially with regard to the requirements of human rights and sustainable development impact assessments. The chapter argues that, even though due diligence is not a term of art in international trade law, it could be seen as a cornerstone of the international trade regime.

Trade Law and Quality of Life—Dispute Resolution under the NAFTA Side Accords on Labor and the Environment

1995 ◽  
Vol 89 (2) ◽  
pp. 439-453 ◽  
Author(s):  
Jack I. Garvey
Keyword(s):  
International Trade ◽  
Dispute Resolution ◽  
Free Trade Agreement ◽  
Trade Agreement ◽  
Trade Agreements ◽  
International Trade Agreements ◽  
Trade Law ◽  
International Trade Law ◽  
The North

Law, like other forms of life, evolves in response to changing environments. When cosmic change alters environment, viability is tested. The North American Free Trade Agreement was born into a radically new social and political environment for the making of international trade agreements. Its viability has centered on a fundamental alteration in international trade law, appearing as the NAFTA Side Agreements on labor, health and environmental regulation; specifically, as the dispute resolution process of the Side Agreements.

scholarly journals Border Adjustment Mechanisms

2017 ◽  
Author(s):  
Julien Bueb ◽  
Lilian Richieri Hanania ◽  
Alice Le Clézio
Keyword(s):  
Sustainable Development ◽  
Developing Countries ◽  
International Trade ◽  
Environmental Regulation ◽  
Energy Transition ◽  
Trade Law ◽  
International Trade Law ◽  
Multidisciplinary Perspective ◽  
Adjustment Mechanisms ◽  
Border Adjustment

This chapter examines, from a multidisciplinary perspective, plausible hypotheses for implementation of border carbon adjustment mechanisms, seen as a complement to strong environmental regulation. It highlights economic, legal, and political difficulties raised by border carbon adjustments. After thoroughly reviewing their economic practicability, it analyses these mechanisms from an International Trade Law perspective, particularly vis-à-vis the General Agreement on Tariffs and Trade, sustainable development, and the principle of shared but differentiated responsibilities. It concludes with an assessment of policy-related implications of such mechanisms and outlines, in particular, how border carbon adjustments may be used as an engine of economic and energy transition, for developed and developing countries equally.

Sign in / Sign up

Export Citation Format

Share Document