Global environmental protection through trade : a systematic approach to extraterritoriality / Barbara Cooreman.
2017
K3840 .C66 2017 (Map It)
Available at Cellar
Formats
| Format | |
|---|---|
| BibTeX | |
| MARCXML | |
| TextMARC | |
| MARC | |
| DublinCore | |
| EndNote | |
| NLM | |
| RefWorks | |
| RIS |
Items
Details
Author
Title
Global environmental protection through trade : a systematic approach to extraterritoriality / Barbara Cooreman.
Published
Cheltenham, Glos, UK : Edward Elgar Publishing Limited, [2017]
Copyright
©2017
Call Number
K3840 .C66 2017
ISBN
9781786434388 hardcover
1786434385 hardcover
9781786434395 electronic book
1786434385 hardcover
9781786434395 electronic book
Description
xviii, 319 pages : illustrations ; 24 cm
System Control No.
(OCoLC)988056010
Summary
Despite an increasing global awareness of environmental concerns, setting internationally binding and ambitious commitments has proven exceedingly complex. As states are seeking alternative methods to support global environmental protection, this book takes a closer look at the possibility of using national trade measures that make market access conditional on the environmental impact of the production process abroad. Inspired by accepted practice in other fields of law, Barbara Cooreman illustrates that the extraterritorial character of these environmental trade measures is not necessarily inconsistent with WTO law by proposing an extraterritoriality decision tree for trade measures targeting foreign production processes. Identifying key challenges through varied case studies, the author demonstrates that states can indeed use their market to further environmental progress, when the state's environment is affected and where a minimum level of international legal support exists for the environmental concern at issue. The book shows that current WTO laws leave more room for action than often thought and concludes that WTO law is no excuse for environmental inaction. Practical and comparative, this book will appeal to scholars of both environmental and trade law. It also offers a valuable tool to aid judges and lawmakers alike in determining the lawfulness of a measure.
Note
Despite an increasing global awareness of environmental concerns, setting internationally binding and ambitious commitments has proven exceedingly complex. As states are seeking alternative methods to support global environmental protection, this book takes a closer look at the possibility of using national trade measures that make market access conditional on the environmental impact of the production process abroad. Inspired by accepted practice in other fields of law, Barbara Cooreman illustrates that the extraterritorial character of these environmental trade measures is not necessarily inconsistent with WTO law by proposing an extraterritoriality decision tree for trade measures targeting foreign production processes. Identifying key challenges through varied case studies, the author demonstrates that states can indeed use their market to further environmental progress, when the state's environment is affected and where a minimum level of international legal support exists for the environmental concern at issue. The book shows that current WTO laws leave more room for action than often thought and concludes that WTO law is no excuse for environmental inaction. Practical and comparative, this book will appeal to scholars of both environmental and trade law. It also offers a valuable tool to aid judges and lawmakers alike in determining the lawfulness of a measure.
Bibliography, etc. Note
Includes bibliographical references (pages 282-310) and index.
Available in Other Form
Online version: Cooreman, Barbara. Global environmental protection through trade. Cheltenham, Glos : Edward Elgar Publishing Limited ; Northampton, Massachusetts : Edward Elgar Publishing, Inc., [2017] 9781786434395 (OCoLC)984253983
Record Appears in
Table of Contents
List of figures
vii
Foreword
viii
Acknowledgements
x
List of abbreviations
xi
Table of cases
xiv
1.
Introduction
1
1.1.
Global environmental concerns and trade: product vs. process
1
1.2.
Extraterritoriality and related issues
5
1.3.
Outline of the book
12
pt. I
INTRODUCING ENVIRONMENTAL TRADE MEASURES
2.
Product or process -- outlining the scope of trade law
19
2.1.
Introduction
19
2.2.
trade and environment debate
20
2.3.
Product or process
24
2.4.
Legal analysis of non-product-related PPMs
28
2.5.
Conclusion
51
3.
(extra)territorial reach of national measures under WTO law
53
3.1.
Introduction
53
3.2.
Extraterritoriality and international trade
53
3.3.
(extra)territorial scope of the relevant WTO agreements
57
3.4.
Case law
61
3.5.
Conclusion
80
pt. II
THEORETICAL FRAMEWORK FOR AN EXTRATERRITORIALITY DECISION TREE
4.
Broader Perspective on Extraterritoriality
83
4.1.
Introduction
83
4.2.
Jurisdiction and extraterritoriality: a theoretical framework
84
4.3.
Permissive principles of jurisdiction
90
4.4.
Extraterritoriality in competition law
101
4.5.
Extraterritoriality in international human rights law
110
4.6.
Conclusion
121
5.
proposal of a WTO extraterritoriality decision tree
124
5.1.
Introduction
124
5.2.
Assessing the extraterritorial effect of environmental npr-PPMs under Article XX GATT: a decision tree
126
5.3.
Environmental concerns and public morals
151
5.4.
chapeau of Article XX GATT
161
5.5.
dilemmas of trade leverage for environmental protection
167
5.6.
Conclusion
173
pt. III
CASE STUDIES
6.
application of the extraterritoriality decision tree: case studies
177
6.1.
Introduction
177
6.2.
US -- Shrimp revisited
179
6.3.
IUU fishing
198
6.4.
Aviation in the EU Emissions Trading System
217
6.5.
Timber and forest law enforcement, governance and trade
248
6.6.
Regime generators: an ex-ante approach to the decision tree
265
6.7.
Conclusion
271
7.
Conclusion: outlook and final remarks
274
7.1.
Wide Scope to Address Global Environmental Concerns Through Trade Measures
274
7.2.
Challenges and dilemmas
276
7.3.
Final remarks
280
Bibliography
282
Index
311