Crafting Trade and Investment Accords for Sustainable Development: Athena's Treaties

Description

International economic law guides and shapes globalization and the future of the world economy, our human societies, and the Earth. The rules which facilitate trade and investment could defend the interests of Hermes, Greek god of commerce and thieves, or learn to draw inspiration from Athena, goddess of justice, wisdom, and crafts. This volume explores how trade and investment agreements could promote more sustainable development, rather than increasing the negative social and environmental impacts of economic growth. States and other actors are attempting to integrate social and environmental considerations into trade and investment policies, towards more sustainable development. Analysing their efforts, this volume offers insights into the ways that commitments to sustainability are being operationalized in the texts of economic treaties themselves. Written by a renowned expert jurist and professor of law, this book examines the measures being debated in the WTO and adopted by States in a selection of innovative and flexible regional and bilateral trade and investment accords. With legal examples spanning decades of experimentation and experience, the book illuminates how States and stakeholders are seeking innovative ways to integrate environmental and social considerations into trade and investment agreements. Introducing a ground-breaking systematic approach, the volume considers how, through this integration, international trade and investment law can contribute to the achievement of the world's Sustainable Development Goals. Foreword • Thomas Cottier Preface • Stephen J Toope Acknowledgements Table of Contents Table of Treaties & Statutes Table of Cases List of Abbreviations SECTION ONE: INTRODUCTION 1. Introduction 2. International Trade, Investment and Sustainability 3. Advancing Trade and Investment Rules for the World’s Sustainable Development Goals (SDGs) SECTION TWO: ENVIRONMENTAL AND SOCIAL IMPACTS OF TRADE AND INVESTMENT AGREEMENTS 4. Trade and Investment Treaties and their Impacts 5. Material Impacts of Trade and Investment on Sustainable Development 6. Normative Intersections of Trade, Investment and Sustainability Measures SECTION THREE: INTEGRATION OF ENVIRONMENTAL AND SOCIAL CONSIDERATIONS INTO TRADE AND INVESTMENT AGREEMENTS 7. International Legal Reasons for Countries to Address Environmental and Social Impacts of Trade and Investment Agreements 8. Integration as a Principle of European Law, and its Relevance to the Negotiation of Trade and Investment Agreements 9. Policy and ‘Soft Law’ Rationales for Addressing Social and Environmental Concerns in Trade and Investment Treaties 10. International Trade and Investment Agreements in Light of the Integration Principle SECTION FOUR: WTO PROVISIONS AND PROCESSES ON SUSTAINABLE DEVELOPMENT 11. Development and Environment in Early World Trade Debates 12. Sustainable Development Provisions in the 1994 GATT/WTO Agreements 13. Sustainable Development in the 2001 WTO Doha Round Debates and Beyond 14. Sustainable Development in the WTO Institutions and Trade Policy Review Mechanism (TPRM) 15. The Limits of Addressing Sustainable Development in the WTO Regim SECTION FIVE: SUSTAINABLE DEVELOPMENT-RELATED INNOVATIONS IN BILATERAL AND REGIONAL TRADE AND INVESTMENT RULES 16. Bilateral and Regional Economic Rules and Regimes 17. Provisions to Integrate Environmental and Social Considerations into a Bilateral and Regional Trade and Investment Agreements for Sustainable Development 18. Procedural Innovations Related to Sustainable Development SECTION SIX: TRADE AND INVESTMENT LAW CONTRIBUTIONS TO THE SUSTAINABLE DEVELOPMENT GOALS 19. Trade and Investment Accords for Sustainable Development Goals 1– 5 20. Trade and Investment Accords for Sustainable Development Goals 6– 11 21. Trade and Investment Accords for Sustainable Development Goals 12– 17 SECTION SEVEN: A FUTURE TRADE AND INVESTMENT LAW FOR SUSTAINABLE DEVELOPMENT 22. Integrating Social and Environmental Considerations into Trade and Investment Agreements, for Sustainable Development 23. A Future Agenda for Crafting ‘Athena’s Treaties’ on Trade and Investment for Sustainable Development Annex 1: Table of Environmental Reviews, Environmental Assessments and Sustainability Impact Assessment Reports Annex 2: Sustainable Development Measures in Bilateral and Regional Economic Agreements Annex 3: Perspectives on Trade and Sustainable Development from WTO Members in the Trade Policy Review Mechanism Bibliography Index