scholarly journals Trade and Investment Rules for Inclusive and Sustainable Development: Nepalese Legal Perspectives

2013 ◽  
pp. 114-131
Author(s):  
Kumar Ingnam
Keyword(s):  
Sustainable Development ◽  
Foreign Investment ◽  
Environmental Sustainability ◽  
Social Equity ◽  
Local Communities ◽  
Pragmatic Approach ◽  
Service Business ◽  
Political Conditions ◽  
Laws And Policies ◽  
Trade And Investment

Sustainability of development and making investment sustainable are reinforcing and correlated. The investor does not invest unless their investment is permitted and protected by the laws and policies of the host state. There exist a number of principles for investment policymaking for sustainable development within which relationship between investors, host states and local communities is a key requirement. Environmental sustainability, social equity and inclusiveness and economic growth are reinforcing and complementing each other which are the three pillars of sustainable development. Nepal had, at the time of WTO accession, confirmed to amend trade related investments measures regime i.e. Foreign Investment and One Window Policy 1992, Industrial Policy 1992 and others, to ensure the compliance with the WTO Agreement on Trade Related Investment Measure (TRIMS). By now, the laws of Nepal, except few, are in compliance with the WTO standards. Nepal has some prospective areas of investment, mostly based on agriculture and service business. Trade and investment with sustainable development, is a pragmatic approach which encourages upgrading policies and laws. However, investment policy alone cannot provide a ‘one-size-fits-all’ solution for all economies that depends on the eco-socio-political conditions of individual countries.

Bilateral and Regional Economic Rules and Regimes

2021 ◽  
pp. 167-175
Author(s):  
Marie-Claire Cordonier Segger
Keyword(s):  
Sustainable Development ◽  
Social Problems ◽  
Social Impacts ◽  
International Treaties ◽  
Economic Sectors ◽  
Regional Economic ◽  
Investment Treaties ◽  
Regulatory Flexibility ◽  
Trade And Investment

This chapter canvasses the roles and nature of bilateral or regional economic treaties, and their potential implications for sustainable development. It then moves to analyse, firstly, whether and how, in bilateral and regional economic treaty texts, States provide exceptions in trade and investment treaties to prevent economic rules from constraining the regulatory flexibility of the Parties for social and environmental purposes in the field of sustainable development. Second, it discusses how States establish prescriptions and permissions for cooperation to resolve environmental and social problems that could be exacerbated by the bilateral or regional economic treaty, strengthening domestic laws and supporting efforts to mitigate potential environmental and social impacts. Third, it considers whether and how States agree permissions and prescriptions to liberalize trade and investment in specific economic sectors that they agree will contribute to sustainable development, encouraging technologies and industries prioritized in other international treaties on sustainable development.

Trade and Investment Accords for Sustainable Development Goals 1–5

2021 ◽  
pp. 267-276
Author(s):  
Marie-Claire Cordonier Segger
Keyword(s):  
Sustainable Development ◽  
Gender Equality ◽  
Sustainable Development Goals ◽  
Quality Education ◽  
Economic Recovery ◽  
The Sustainable Development ◽  
Health And Wellbeing ◽  
Development Goals ◽  
Investment Agreements ◽  
Trade And Investment

The Sustainable Development Goals (SDGs) set aspirational objectives for governments, international organizations and other stakeholders seeking to support sustainable development to achieve by 2030 or before, as well as indicators to facilitate measurement of attainment levels. Chapter 19 is the first of three chapters exploring provisions from over 110 innovative bilateral and regional economic treaties that could facilitate achievement of certain SDGs and their associated targets, to enable countries to maximize opportunities for their economic accords to assist in effectively contributing towards achievement of the SDG targets, particularly in a time of post-pandemic economic recovery. This chapter addresses trade and investment agreements provisions relevant to a first set of SDGs which target ‘basic needs’ challenges: eradicating poverty (SDG 1); ending hunger (SDG 2); promoting health and wellbeing (SDG 3); ensuring quality education (SDG 4) and achieving gender equality (SDG 5). The chapter canvasses the requirements of each goal and provides examples of treaty provisions that address each SDG.

Trade and Investment Accords for Sustainable Development Goals 12–17

2021 ◽  
pp. 293-310
Author(s):  
Marie-Claire Cordonier Segger
Keyword(s):  
Climate Change ◽  
Sustainable Development ◽  
Human Rights ◽  
Sustainable Use ◽  
Terrestrial Ecosystems ◽  
Effective Governance ◽  
Responsible Consumption ◽  
Development Goals ◽  
Investment Agreements ◽  
Trade And Investment

Chapter 21 focuses on how trade and investment agreements may contribute to international efforts to achieve SDGs 12 to 17, which address responsible consumption and production patterns (SDG 12), combatting climate change (SDG 13), conservation and sustainable use of marine resources (SDG 14), and sustainable use of terrestrial ecosystems (SDG 15). SDG 16, which calls for peace, justice and strong institutions for sustainable development, is also canvassed in its links to securing stability, effective governance and human rights. Finally, SDG 17, which calls on all countries to build partnerships towards achieving sustainable development, is discussed as the foundation of all the SDGs in the concluding note to this chapter, particularly given its explicit provisions on economic cooperation, trade, investment and finance.

A Future Agenda for Crafting ‘Athena’s Treaties’ on Trade and Investment for Sustainable Development

2021 ◽  
pp. 324-328
Author(s):  
Marie-Claire Cordonier Segger
Keyword(s):  
International Economic ◽  
Sustainable Development ◽  
Regulatory Elements ◽  
Single Measure ◽  
The Sustainable Development ◽  
Process Innovations ◽  
Economic Law ◽  
International Economic Law ◽  
Development Goals ◽  
Trade And Investment

This final chapter briefly discusses the volume’s key findings, including that many trade and investment agreements contain provisions with potential to contribute to achieving the Sustainable Development Goals (SDGs). It discusses the implications of the findings for international economic law more broadly, recognizing that no one single measure can provide ‘the solution’ to all trade- and investment-related sustainable development challenges and that many different provisions may be needed throughout the treaty, addressing potential impacts as they arise. It also highlights areas for further development, particularly in terms of ‘process’ innovations, such as sustainability impact assessments (SIAs). Further, the chapter canvasses areas of need for further legal research, which may be needed to monitor and propose improvements in State attempts to address regulatory elements in SIA and other processes. Finally, this chapter highlights the contribution of the volume to promoting sustainable development in trade and investment policy, serving as a useful tool for more sustainable international economic law and policy-making in the future.

Sustainable Development in TTIP: A Highest Common Denominator Compromise?

2016 ◽  
Vol 7 (2) ◽  
pp. 290-294 ◽  
Author(s):  
Ferdi De Ville ◽  
Jan Orbie ◽  
Lore Van den Putte
Keyword(s):  
United States ◽  
Sustainable Development ◽  
The Other ◽  
Common Denominator ◽  
Environmental Standards ◽  
Interesting Issue ◽  
Transatlantic Trade ◽  
Issue Area ◽  
The Impact ◽  
Trade And Investment

The impact of TTIPleaks on the negotiations of and debate about the Transatlantic Trade and Investment Partnership (TTIP) has been more limited than its name and announcement would lead us to expect. This is, first, because the leaked ‘consolidated documents’ only show the European Union's (EU) and United States’ (US) positions on a number of negotiating areas but does not unveil concessions made by either side in the pursuit of a compromise. Therefore, it contains little surprising information for observers of the negotiations. But a second reason for the lack of uproar is that for only about half of the expected chapters in TTIP a text has been leaked, either because there is no consolidated text yet for the other issues in the negotiations or because Greenpreace did not get hold of it. One of the chapters lacking in the TTIPleaks is on ‘Trade and Sustainable Development’. This is an interesting issue area because the advocates often argue that this chapter will help ensure that TTIP upholds and strengthens social and environmental standards.

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