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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Trade in the Service of Sustainable Development: Linking Trade to Labour Rights and Environmental Standards

ISBN13: 9781509918348
Published: December 2017
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2015)
Price: £24.99
Hardback edition , ISBN13 9781782257158

This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

This book examines the fragmentation of international regimes, looking specifically at the failure to create effective linkages between the multilateral trade regime, on the one hand, and universally recognized labour and environmental standards, on the other.

Trade liberalization has proceeded through bilateral and regional trade agreements, as well as through successive rounds of multilateral negotiations of both the GATT and now the WTO.

Labour rights have been gradually defined at international level under the auspices of the International Labour Organization, which since its establishment led to the conclusion hundreds of instruments open for signature and ratification. Environmental standards have been set in a range of conventions, covering a range of areas including the protection of the ozone layer, hazardous waste, endangered species, biodiversity and climate change. But these developments have hitherto remained largely separate and disconnected from one another. International trade law, international labour law, and international environmental law, coexist. These various regimes are established under specific instruments.

This book explores whether fragmentation, as it has developed since the Second World War, is an obstacle to the pursuit of sustainable development, and if so, what can be done about it.

Employment Law, Environmental Law, International Trade

1. Setting the Stage: The Limits of Fragmentation
I. Trade and Labour Rights
II. Trade and Environmental Standards
III. The Use of Environmental and Labour Conditionalities in Trade Policies

2. Sanctions Against Goods or Services that do not Comply: WTO Disciplines
I. The Core Disciplines of the WTO Regime
II. The 'Likeness' of Goods and Services and the Product/Process Distinction
III. The 'General Exceptions' Clauses of Article XX GATT and Article XIV GATS IV. Conclusion

3. The Special Regime of Border Tax Adjustments: Levelling the Playing Field
I. The Notion of Border Tax Adjustments
II. Border Tax Adjustments under WTO Law
III. Determining the Level of the Compensatory Tax
IV. Conclusion

4. Generalized Systems of Preferences: The ' Conditional Preferences ' Approach
I. The Origins of the Generalized System of Preferences
II. The Emergence of 'Special Incentives' within the EU GSP Scheme
III. The Three Layers of the Current EU GSP Scheme

5. Labelling Schemes: Supporting Ethical Consumerism
I. The Rise of the Debate on Labelling Schemes
II. Compatibility with WTO Law

6. Public Procurement: The Power of the Purse

7. Conclusions
I. 'Sanctions' for Non-compliance with Labour Rights or Environmental Standards
II. 'Carbon Equalization' through Border Tax Adjustments: Levelling the Playing Field
III. The EU Generalized System of Preferences: Making Preferences Conditional
IV. Labelling Schemes: Supporting Ethical Consumerism
V. Government Procurement: The Power of the Purse