In Johannesburg at the World Summit on Sustainable Development in 2002, over
one hundred and eighty states assumed a collective responsibility to advance
and strengthen the interdependent and mutually reinforcing pillars of
sustainable development economic development, social development, an
environmental protection at the local, national, regional and global levels.
This remarkable collection of papers, sponsored by the Centre for
International Sustainable Development Law (CISDL), demonstrates that
sustainable development serves as a unifying concept with the potential to
facilitate much-needed respect for international law and timely implementation
of diverse and overlapping international commitments. It builds on the
substance of a rich and complex debate at the intersections among economic,
social, and environmental law, bringing together a broad cross-section of
viewpoints and voices. The authors review recent developments in WTO
discussions and negotiations, and in the recent decisions of the WTO Appellate
Body, from a sustainable development law perspective. They also survey
relevant new developments in trade and economic agreements at regional,
inter-regional and bi-lateral levels.
The various essays focus on sustainable development aspects of key issues in
recent trade negotiations such as the Singapore Issues (investment,
competition, trade facilitation, and government procurement), intellectual
property rights, investment arbitration and the linkage between the WTO and
multilateral environmental accords, (MEA¿s).. Among the specific topics
covered are the following:
Emerging areas of law and policy in trade and sustainable development,
The underlying development agendas in global trade law negotiations,
Cooperation and potential negotiation on international competition law,
Sustainable development aspects of intellectual property rights negotiations,
Overlaps between multilateral environmental accords (MEA¿s) and the WTO,
Recent developments in WTO dispute settlement procedures and proceedings,
Human rights and environmental opportunities from trade liberalisation and
increased market acces,
Human rights and environment impact assessment techniques used to analyse
Recent developments in bi-lateral and regional trade agreements.
Trade, investment, and competition law practitioners and negotiators in
developed and developing countries will find this book of great value, as will
development and environment law professionals with responsibility for trade
and WTO law related matters. With rich contributions from leading trade law
practitioners, academics, and WTO panel and appellate body roster members,
Sustainable Developments in World Trade Law offers a constructive,
timely and accessible expert analysis of recent discussions and advances in
the field, providing an integrated and essential guide to some of the most
important issues in international economic law today.
Foreword Prof. Georges Abi-Saab. 1. Introduction.
Marie-Claire Cordonier Segger & Dr. Markus W. Gehring
Part I: Foundations: 2. Trade and Environment in the Context of
Sustainable Development. Matthew Stilwell Preface by James Cameron
3. Trade and Development Law. Henning Jessen Preface by
Ricardo Melendez-Ortiz 4. A Perspective on Trade and Labour
Rights. Prof. Christopher McCrudden and Dr. Anne Davies Preface by
Dr. Kamal Hossain 5. Integrating Social and Economic Development
and Environmental Protection in World Trade Law. Marie-Claire Cordonier
Segger Preface by Prof. Nico J. Schrijver
Part II: Sustainable Developments in World Trade Law: 6. Sustainable
Development through Process in World Trade Law.Dr. Markus W. Gehring and
Marie-Clarie Cordonier Segger Preface by Hon. Sergio Marchi 7.
Human Rights Impact Assessments of Trade-Related Policies. Simon Walker
Preface by Hon. Ibrahim Salama 8. Does The WTO Dispute Settlement
Understanding Promote Sustainable Development. Tenu Avafia Preface by 9.
The Trips Agreement at a Crossroads: Intellectual Property and Sustainable
Development in the Doha Round. Maria Julia Oliva and Sisule F. Musungu
Preface by Pia Rodriguez 10. Intellectual Property Rights and
Traditional Knowledge. W. Bradneee Chambers, Dr. Alphonse Kambu and
Christine Frison Preface by Shawn Atleo (Chief Ainchut)11. Trade,
Agriculture and Sustainability in Land Use. Prof. Dr. Stefan Oeter
Preface by Jacques Diouf 12. The `Singapore Issues, Competition and
Sustainable Development.Dr. Markus W. Gehring Preface by Prof.
Frederic Jenny 13. The Definition of Investment in ICSID Arbitration:
Development Lessons for the WTO? Martin Endicott Preface by Prof.
Thomas W. Walde 14. Is European Law Becoming more Sustainable?. Mario
Prost Preface by Prof. Armand de Mestral 15. Negotiating
Sustainable Development in the Free Trade Area of the Americas.
Marie-Claire Cordonier Segger Preface by Prof. Carlos Murillo16.
The Australia-US Free Trade Agreement: A Sustainability Case Study of a
Post-Cancun FTA. Michael KerrPreface by Nicholas Sinclair-Brown
17 Sustainable Develoment, Trade and Social Exclusion in Asia. Dr. Kishan
Khoday.Preface by Prof. Gary Sampson
Part III: Future Directions: 18. International Public
Health and Trade Law. Dr. Maya Prabhu and Kathryn GarforthPreface by
Prof. Magaret Somervilled 19. Investment Tribunals and the Commercial
Arbitration Model: Mixed Procedures and Creeping Institutionalization.Prof.
Fabien Gelinas Preface by Prof. Ko-Yung Tung 20. Precaution in
Multilateral Environmental Agreements and Its impact on the World Trading
System. Prof. Helene Trudeau and Celine NegrePreface by Prof. Robert
Howse 21. Conclusions. Dr. Markus W. Gehring, Marie-Claire Cordonier
Segger and Martin Endicott