Distributive Justice and World Trade Law: A Political Theory of International Trade Regulation, written by Oisin Suttle

This chapter looks at the relationship between the World Trade Organization (WTO) and international trade in terms of international environmental law. Twenty-five years after the WTO system came into operation it appears that neither trade law nor environmental law have trumped each other. Rather, there has been a process of accommodation which is still ongoing. The chapter ends by making some conclusions on the arguments presented in this book and the issues currently being faced. The current policy of encouraging free trade cannot always be made environmentally friendly and this will always be the case. The problem becomes clear if we consider climate change. Free trade and globalisation by nature exacerbates the difficulties of regulating environmental issues. In addition, one of the key problems with sustainable development as a concept is that there has been too much emphasis on development, and not nearly enough on sustainability, then a policy of promoting free trade is part of that problem.

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Mapping the Potential Interactions between UNESCO’s Intangible Cultural Heritage Regime and World Trade Law

International Journal of Cultural Property ◽

10.1017/s0940739118000255 ◽

2018 ◽

Vol 25 (4) ◽

pp. 419-448

Author(s):

Tomer Broude

Keyword(s):

International Trade ◽

Cultural Heritage ◽

World Trade ◽

Analytical Framework ◽

Intangible Cultural Heritage ◽

Legal Analysis ◽

Trade Law ◽

International Trade Law ◽

Phytosanitary Measures ◽

Potential Interactions

Abstract:The 2003 Convention for the Safeguarding of Intangible Cultural Heritage (CSICH) was not intended to have legal repercussions in international trade. Nevertheless, intangible cultural heritage (ICH) may interact with trade regulation under various scenarios. The CSICH “Representative List” inscribes numerous ICH elements with real and potential international commercial aspects and consequent trade law implications. These emergent trade law–ICH regime dynamics require not only some critical reflection (for example, is safeguarding of ICH ultimately dependent on commodification or, at least in some cases, significantly prone to commercial capture?) but also doctrinal legal analysis. This article undertakes a survey of many plausible ICH–trade interactions (generally excluding intellectual property issues), providing an analytical framework with reference to a series of case sketches of selected CSICH inscriptions such as kimjang, beer culture in Belgium, and yoga. These and other cases may indeed raise issues under world trade law, including the General Agreement on Tariffs and Trade, the General Agreement on Trade in Services, the Agreement on Technical Barriers to Trade, the Agreement on Sanitary and Phytosanitary Measures, and subsidies regulation. Trade law may have underestimated the significance of ICH as a growing field. At the same time, ICH law may be developing without thinking through how it is impacted by commercial interests and international trade law.

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John Jackson and WTO Dispute Settlement

World Trade Review ◽

10.1017/s147474561600015x ◽

2016 ◽

Vol 15 (3) ◽

pp. 404-406

Author(s):

WILLIAM J. DAVEY

Keyword(s):

International Trade ◽

World Trade ◽

Dispute Settlement ◽

Law School ◽

Economic Relations ◽

Trade Law ◽

The Bible ◽

International Trade Law ◽

Wto Dispute Settlement ◽

The World

John Jackson bestrode the world of international trade law like a Colossus. His 1969 treatise on World Trade and the Law of GATT was called the bible of GATT law. His 1977 casebook on Legal Problems of International Economic Relations created a new law school course and introduced thousands of students around the globe to international trade law. It was the leading international trade law casebook for decades, and his students went on to positions of responsibility throughout the world in governments, international organizations, and private practice. His analysis of GATT infirmities convinced certain influential governments to push for a new international trade organization, which eventually saw life as the World Trade Organization. It was a great honor for me to have been associated with John for over thirty years. Indeed, his 1985 invitation to join as a co-author of the casebook after my first year in law teaching undoubtedly saved me many years of drudgery as a corporate/securities law scholar. Thus, I am pleased to offer some thoughts on John's influence on dispute settlement under GATT and the WTO.

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International Trade Regulation and the Mitigation of Climate Change: World Trade Forum, edited by Thomas COTTIER, Olga NARTOVA, and Sadeq Z. BIGDELI. Cambridge: Cambridge University Press, 2009. xviii + 437 pp. Hardcover: £110.

Asian Journal of International Law ◽

10.1017/s204425131000024x ◽

2012 ◽

Vol 2 (1) ◽

pp. 200-202 ◽

Cited By ~ 1

Author(s):

Henry GAO

Keyword(s):

Climate Change ◽

International Trade ◽

World Trade ◽

Change World ◽

Cambridge University ◽

Trade Regulation

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Globalization and the Animal Turn: How International Trade Law Contributes to Global Norms of Animal Protection

Transnational Environmental Law ◽

10.1017/s2047102516000054 ◽

2016 ◽

Vol 5 (1) ◽

pp. 55-79 ◽

Cited By ~ 11

Author(s):

Katie Sykes

Keyword(s):

International Trade ◽

Animal Welfare ◽

World Trade ◽

International Tribunal ◽

Animal Conservation ◽

Animal Protection ◽

Trade Law ◽

International Trade Law ◽

The World ◽

Global Norms

AbstractMany animal and environmental activists think of international trade law as a block to the achievement of their goals and perceive the World Trade Organization (WTO) as a threat to animals. Yet, the first legal decision of an international tribunal to devote careful, sustained attention to animal welfare issues comes from the WTO, in the EC – Seal Products decision. This article argues that international trade law is currently an important, although under-acknowledged, locus for the development of global norms concerning the protection of animals, and that animal conservation and animal welfare can be seen as aspects of a single overarching principle of animal protection. International trade law contributes to animal protection in two ways. Firstly, WTO jurisprudence has recognized animal protection as a legitimate basis for invoking exceptions to trade rules (as in EC – Seal Products). Secondly, international trade negotiations enhance cooperation on the implementation and enforcement of existing conservation obligations (as in the new Trans-Pacific Partnership’s Environment Chapter).

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