The Need for 'Cosmopolitan Paradigm Change' in World Trade Law: The Unfinished Project of Ernst-Ulrich Petersmann: Can Lon L. Fuller Help?

2014 ◽  
Author(s):  
Abdulmalik M. Altamimi
Keyword(s):  
World Trade ◽  
Paradigm Change ◽  
Trade Law

Lawful Remedy or Illegal Response? Resolving the Issue of Foreign Subsidization Under WTO Law

2021 ◽  
pp. 1-24
Author(s):  
Victor Crochet ◽  
Marcus Gustafsson
Keyword(s):  
European Union ◽  
World Trade Organization ◽  
World Trade ◽  
The European Union ◽  
Fair Competition ◽  
Trade Law ◽  
International Trade Law ◽  
The World ◽  
Shed Light ◽  
Do So

Abstract Discontentment is growing such that governments, and notably that of China, are increasingly providing subsidies to companies outside their jurisdiction, ‘buying their way’ into other countries’ markets and undermining fair competition therein as they do so. In response, the European Union recently published a proposal to tackle such foreign subsidization in its own market. This article asks whether foreign subsidies can instead be addressed under the existing rules of the World Trade Organization, and, if not, whether those rules allow States to take matters into their own hands and act unilaterally. The authors shed light on these issues and provide preliminary guidance on how to design a response to foreign subsidization which is consistent with international trade law.

13. International Trade and Environmental Protection

2021 ◽  
pp. 775-812
Author(s):  
Alan Boyle ◽  
Catherine Redgwell
Keyword(s):  
Climate Change ◽  
Sustainable Development ◽  
International Trade ◽  
Free Trade ◽  
World Trade ◽  
Environmental Law ◽  
Current Policy ◽  
Trade Law ◽  
The World ◽  
The Relationship

This chapter looks at the relationship between the World Trade Organization (WTO) and international trade in terms of international environmental law. Twenty-five years after the WTO system came into operation it appears that neither trade law nor environmental law have trumped each other. Rather, there has been a process of accommodation which is still ongoing. The chapter ends by making some conclusions on the arguments presented in this book and the issues currently being faced. The current policy of encouraging free trade cannot always be made environmentally friendly and this will always be the case. The problem becomes clear if we consider climate change. Free trade and globalisation by nature exacerbates the difficulties of regulating environmental issues. In addition, one of the key problems with sustainable development as a concept is that there has been too much emphasis on development, and not nearly enough on sustainability, then a policy of promoting free trade is part of that problem.

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