The Paris Agreement’s Article 6 Market Mechanisms and wto Law

Climate Law ◽  
2021 ◽  
Vol 11 (3-4) ◽  
pp. 279-297
Author(s):  
Gillian Moon ◽  
Christoph Schwarte
Keyword(s):  
Potential Interaction ◽  
Market Mechanisms ◽  
The Sustainable Development ◽  
International Dimension ◽  
Trade Law ◽  
International Trade Law ◽  
Law And Policy ◽  
International Trading ◽  
International Climate ◽  
The Relationship

Abstract The article analyses the market-based approaches in Article 6 of the Paris Agreement with respect to their potential interaction with international trade law. It focuses on the international dimension of Article 6 and the tensions associated with international trading of mitigation outcomes (under paragraphs 2–3 of the Article) and emission-reduction units generated through the sustainable development mechanism (paragraphs 4–7). We find that while there are significant normative tensions and legal uncertainties in the relationship between the regimes, international cooperation across the two law- and policy-making arenas could also help to develop new approaches to aligning wto trade law with international climate objectives.

Sealing animal welfare into the GATT exceptions: the international dimension of animal welfare in WTO disputes

2013 ◽  
Vol 13 (3) ◽  
pp. 471-498 ◽  
Author(s):  
KATIE SYKES
Keyword(s):  
Animal Welfare ◽  
International Law ◽  
The Other ◽  
Legal Norms ◽  
International Dimension ◽  
Trade Law ◽  
International Trade Law ◽  
Welfare Measures ◽  
The One ◽  
The Relationship

AbstractEC–Seal Products has been characterized as a contest between local moral preferences about animal welfare, on the one hand, and global commitments to trade disciplines on the other. But that description fails to take into account the development of international legal norms concerning animal welfare and their relevance to this case, as well as to other potential disputes involving animal welfare measures that affect trade. The international dimension of animal welfare implicates two ongoing debates in international trade law: what the relationship should be between WTO law and general international law, and the extent to which ‘public morals’ under Article XX(a) of GATT can be locally defined or need to be internationally shared. This Article examines the argument that there is a general principle of international law concerning animal welfare, and analyzes the role that international norms regarding animal welfare should play in EC–Seal Products.

On Inter-Disciplinary and Inter-Systemic Approaches to International Investment Law

2015 ◽  
pp. 557-572 ◽  
Author(s):  
Jürgen Kurtz
Keyword(s):  
International Investment ◽  
State Regulation ◽  
Expiry Date ◽  
International Investment Law ◽  
Secondary Literature ◽  
Trade Law ◽  
International Trade Law ◽  
Law And Policy ◽  
State Practice ◽  
Investment Law

This review essay identifies two fundamental flaws in much of the secondary literature examining international investment law. The first is a clear attention to disciplines other than law in identifying and understanding the justifications for constraints on state regulation vis-à-vis foreign investment. Secondly, there are stubborn vestiges of self-containment among a sizeable set of legal commentators in this field. This typically reaches its apotheosis in instinctive and hostile opposition to usage of lessons and techniques employed in international trade law. Measured against the direction and nature of contemporary state practice, this type of older commentary is rapidly approaching an overdue expiry date. Prospects in International Investment Law and Policy marks a welcome and significant break from these flawed pathologies. Many of the contributions will shape the contours of innovative and important scholarship in this field. It is a collection that merits careful and repeated consideration.

From Autonomy to Integration? International Law, Free Trade and the Environment

2008 ◽  
Vol 77 (3) ◽  
pp. 253-273 ◽  
Author(s):  
Michael Mehling ◽  
Anja Lindroos
Keyword(s):  
International Law ◽  
Environmental Law ◽  
Case Law ◽  
International Environmental Law ◽  
International Treaty ◽  
Trade Law ◽  
International Trade Law ◽  
Trade And The Environment ◽  
Relationship Of ◽  
The Relationship

AbstractOur current understanding of so-called “self-contained regimes” is based on an overly simplistic appreciation of how such regimes interact with each other and with the larger body of international law. Drawing on an analysis of WTO case law, this article highlights two distinct normative relations, addressing the relationship of international trade law vis-à-vis general international law and international environmental law. As the analysis reveals, further differentiation of normative relationships is needed to better understand how such seemingly independent regimes operate in a fragmented legal system. It also shows that a recently proposed interpretative tool, systemic integration, raises new questions and challenges traditional conceptions of international treaty law.

Deadly migrant trafficking trade by sea and restrictive service trade by the WTO

2015 ◽  
Vol 14 (2) ◽  
pp. 86-104
Author(s):  
Rafiqul Islam ◽  
Khorsed Zaman
Keyword(s):  
International Trade ◽  
Social Inclusion ◽  
Developed Countries ◽  
Global Poverty ◽  
Content Type ◽  
Cross Border ◽  
Trade Law ◽  
International Trade Law ◽  
Law And Policy ◽  
Restrictive Trade

Purpose – The purpose of this paper is to examine one of the most pressing global challenges, the ongoing migrant trafficking across sea, from international trade law and policy perspective. It identifies global poverty as one of the underlying causes of such trafficking. It argues that restrictive trade in labour-intensive services of the World Trade Organization (WTO) contributes to and sustains poverty in many migrant producing countries. Chronic unemployment in poor countries with surplus manual workforce renders these workers bewildered to survive in a jobless and incomeless home markets. Non-liberalization of movements of natural persons under General Agreement on Trade in Services (GATS) Mode 4 prevents legal cross-border delivery of labours. Restrictive trade in agriculture has but aggravated their marginalized plight. It is this poverty trap that pushes workers, lured by smugglers, to take risky migration routes for better life in countries with labour shortages. Design/methodology/approach – The paper adopts a blend approach of theoretical and applied aspects of international trade law and policy, which is interpreted and applied to a fact situation of contemporary challenge of migrant trafficking by sea. Findings – This paper establishes a nexus between restrictive Mode 4 trade and its implications for poverty-induced migration trafficking trade. It suggests a palatable trade law and policy-based reform response for the WTO to ameliorate poverty and migration trafficking trade concurrently through the creation of legal channels for the cross-border delivery of labours by liberalizing Mode 4 trade in a manner beneficial for developed countries as well. Originality/value – Its value lies in its contribution to maximize multi-lateral trade liberalization for the benefit of all countries, social inclusion and economic emancipation of the disadvantaged, which would minimize global poverty.

(Re)Imagining the Trade–Labour Linkage

2019 ◽  
pp. 290-310
Author(s):  
Clair Gammage
Keyword(s):  
International Trade ◽  
Critical Analysis ◽  
Capabilities Approach ◽  
Trade Law ◽  
International Trade Law ◽  
Labour Dispute ◽  
Normative Foundation ◽  
Alternative Vision ◽  
Labour Standards ◽  
International Trading

This chapter explores the role that international trade law can play in protecting and promoting workers’ rights. Using the capabilities approach to invert the normative foundation of the international trading system, this chapter proposes that the trade–labour linkage should be reimagined with a greater focus on human freedoms and capabilities. It will be argued that the increasingly formalist interpretation of trade rules at the multi-lateral level and in the context of free trade agreements (FTAs) has resulted in the marginalization of labour standards. A critical analysis of the recent Guatemala Labour Dispute, which is the first labour standards dispute to be brought under a FTA, is presented with a view to highlighting how the interpretation of international trade rules can result in the perpetuation of human unfreedoms. This chapter concludes by arguing that the capabilities approach offers an alternative vision for development, but the transformative potential for a just and equitable trade regime can only be realized if there is a meaningful commitment to human agency and participation.

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