scholarly journals Review of Alvaro Santos, Chantal Thomas, and David Trubek (eds.), World Trade and Investment Law Reimagined: A Progressive Agenda for an Inclusive Globalization

2021 ◽  
Vol 1 (3) ◽  
Author(s):  
Cedric Henet
Keyword(s):  
World Trade ◽  
Investment Law ◽  
Progressive Agenda ◽  
Inclusive Globalization ◽  
Trade And Investment

THE IMPLICATIONS OF THE WTO TOBACCO PLAIN PACKAGING DISPUTES FOR PUBLIC HEALTH MEASURES

2021 ◽  
Vol 70 (4) ◽  
pp. 1011-1027
Author(s):  
Andrew David Mitchell ◽  
Theodore Samlidis
Keyword(s):  
Public Health ◽  
World Trade ◽  
Tobacco Industry ◽  
Plain Packaging ◽  
Health Measures ◽  
Appellate Body ◽  
The World ◽  
Investment Law ◽  
Trade And Investment ◽  
Wto Agreements

AbstractAustralia became the first country to introduce standardised or plain packaging laws for tobacco products in 2011. However, they immediately came under direct and indirect challenge from the tobacco industry in various domestic and international fora, including at the World Trade Organization (WTO). The WTO-consistency of Australia's measures was not settled until June 2020, when the Appellate Body upheld two WTO panels’ earlier findings that Australia had acted consistently with its obligations under certain WTO agreements. This article critically analyses the Appellate Body's key findings and their implications for implementing other public health measures. It is shown that these implications are multifaceted, have political, practical and legal dimensions and are likely to reach beyond the WTO dispute resolution system's bounds into other international trade and investment law contexts.

scholarly journals World Trade and Investment Law in a Time of Crisis: Distribution, Development and Social Protection

2019 ◽  
Author(s):  
David M. Trubek ◽  
Alvaro Santos ◽  
Chantal Thomas
Keyword(s):  
Developing Countries ◽  
World Trade ◽  
Social Protection ◽  
Growth Strategies ◽  
Global Institutions ◽  
The Status ◽  
Investment Law ◽  
Global Economic Growth ◽  
The Impact ◽  
Trade And Investment

Anthem Press, 2019, ForthcomingWorld trade and investment law is in crisis: new and progressive ideas are needed. Rules that facilitated globalization and supported global economic growth are being challenged. A system of global governance that once seemed secure is now at risk as the US ignores the rules while developing countries struggle to escape restrictions. Some want to tear global institutions and agreements down while others try desperately to maintain the status quo. Rejecting both options, we convened a group of trade and investment law experts from 10 countries South and North who have proposed ideas for a new world trade and investment law that would maintain global growth while distributing costs and benefits more fairly. This essay frames the issues and introduces the volume. We look at the impact of trade and investment law on the global distribution of resources, and pay special attention to those who have suffered from trade dislocation and to restrictions that have hampered innovative growth strategies in developing countries. This perspective shapes a progressive trade and investment law agenda that is outlined in the book and summarized here. We suggest new ways to link trade with protection for labor; measures to ensure that gains from trade are used to offset losses; new rules that can protect foreign investments without hamstringing developing governments or harming local communities; innovative procedures to allow developing countries freedom to try innovative growth strategies; and methods to cope with new products like cannabis.

Part VI Human Rights and General International Law, Ch.35 Trade Law and Investment Law

2013 ◽  
Author(s):  
Joseph Sarah
Keyword(s):  
Human Rights ◽  
World Trade ◽  
Political Rights ◽  
Cultural Rights ◽  
Trade Law ◽  
The World ◽  
Investment Law ◽  
The Impact ◽  
The Relationship ◽  
Trade And Investment

This article examines the relationship among trade, investment and human rights laws. It analyses the relevant legal relationships as reflected in the salient case law and the synergies between the works of the United Nations, the World Trade Organization (WTO) and the Organisation for Economic Cooperation and Development (OECD). It also considers the impact of WTO rules on specific economic, social and cultural rights, the benefits of free trade and investment for civil and political rights and the human rights protections for traders and investors.

Integrating Social and Environmental Considerations into Trade and Investment Agreements, for Sustainable Development

2021 ◽  
pp. 313-323
Author(s):  
Marie-Claire Cordonier Segger
Keyword(s):  
Sustainable Development ◽  
Social Development ◽  
World Trade ◽  
Trade Law ◽  
Law And Policy ◽  
Investment Law ◽  
Environmental Considerations ◽  
Investment Agreements ◽  
Trade And Investment ◽  
Procedural Aspect

This chapter summarizes the findings of the research and draws together the explanations of these findings explored throughout the volume. Key findings include; the observation that States are adopting sustainable development as part of the ‘object and purpose’ of trade law, both in the World Trade Organization (WTO) and in many regional trade agreements (RTAs); the observation that States are also adopting innovative operational provisions to prevent trade and investment law from constraining legitimate new environment and social development measures and the enhancement of trade and investment in more sustainable sectors; as well as the observation that that there is an important procedural aspect to the integration of environmental and social development concerns in trade and investment law and policy. Drawing on these findings, the chapter summarizes opportunities for States to address key tensions between trade, environmental and social development regulations through the adoption of integration measures for sustainable development in the treaties, and three steps that States can take towards meaningful integration.

scholarly journals Apparent Dichotomies, Covert Similarities: A Response to Joost Pauwelyn

AJIL Unbound ◽  
2015 ◽  
Vol 109 ◽  
pp. 294-301
Author(s):  
Catherine A. Rogers
Keyword(s):  
World Trade Organization ◽  
World Trade ◽  
Dispute Settlement ◽  
Decision Makers ◽  
Wto Dispute Settlement ◽  
Trade And Investment ◽  
Legal Training

In his thoughtful article, Joost Pauwelyn poses a perplexing question: How can it be that trade and investment are converging in their substantive “legal orders,” but diverging in terms of perceived legitimacy? Investor-State Dispute Settlement (ISDS), he argues, is in a “state of crisis” whereas World Trade Organization (WTO) dispute settlement is generally regarded as “successful.” Pauwelyn’s provocative and counter-intuitive explanation for this paradox focuses on the apparent differences between the pool of decision-makers in each regime: WTO disputes are resolved by nameless, faceless, panel-inexperienced bureaucrats who often lack legal training, whereas “investment arbitrators are typically high-powered, elite jurists” with more expertise and experience than their WTO counterparts.

Globalization's Alternatives: Competing or Complementary Perspectives?

2008 ◽  
Vol 43 (1) ◽  
pp. 79-110 ◽  
Author(s):  
John Glenn
Keyword(s):  
Developing Countries ◽  
Product Differentiation ◽  
World Trade ◽  
Developing World ◽  
International Economy ◽  
Vertical Specialization ◽  
Main Factors ◽  
Partial View ◽  
Investment Patterns ◽  
Trade And Investment

AbstractRecent writings on globalization have tended to argue that such economic interconnectedness is, in one way or another, geographically delimited. Three competing views appear in the literature, regionalization, triadization and the involutionist perspective. This article challenges the portrayal of these perspectives as competing conceptions and instead argues that each perspective furnishes us with a partial view of a larger process. In so doing, this paper revisits the involutionist perspective, arguing that, in relation to the developing countries’ relative share of world trade and investment shares, the use of the term ‘globalization’ should be questioned. Rather, in relation to trade, involution is a more apt description. However, in terms of FDI, stasis better describes the contemporary international economy. The article then examines the trade and investment patterns within the triad, corroborating earlier findings that each leg of the triad is increasingly trading more with their neighbours than with each other, but that inter-triad FDI is indeed increasing. Three main factors are presented in order to explain the contemporary patterns of trade and investment associated with involution, regionalization and triadization: product differentiation, vertical specialization and the continuing concentration on primary product production in much of the developing world.

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