Environmental protection and the generalized system of preferences : a legal and appropriate linkage?

This article will question the legality of measures of environmental ‘conditionality’ in the Generalized System of Preferences [GSP] of the European Community [EC]. The GSP is a GATT/WTO authorized scheme which permits developed nations to grant non-reciprocal tariff preferences in favour of developing countries. The objectives of the GSP are primarily development-oriented in that it aims to increase the export earnings of developing countries, promote their industrialization and accelerate rates of economic growth. A recent case taken in the WTO examined the legal contours of the grant of tariff preferences and it is in the light of this that this article will examine the so-called ‘special incentive arrangements’ of the reformed EC GSP which offers additional tariff preferences to developing countries on the ‘condition’ that they adhere to specified standards of environmental protection

Aviation and emissions trading in the European Union : pie in the sky or compatible with international law?

In 2003, the then European Community1 adopted Directive 2003/87/EC, establishing a scheme for trading allowances of greenhouse gas (GHG) emissions.2 Directive 2003/87/EC mandated the establishment of an emissions trading scheme (ETS) within the European Community “to promote reductions of greenhouse gas emissions in a cost-effective and economically efficient manner.”

A contract theory approach to special and differential treatment and the WTO

Purpose This paper is prompted by the dissatisfaction of developing countries regarding the grant of special and differential treatment (SDT) under the legal framework of the World Trade Organisation (WTO). As a result of such dissatisfaction, the Doha Round of multilateral trade negotiations explicitly called for a review of such treatment with a view to making it more precise, effective and operational. This mandate has not yet been met to the satisfaction of many developing countries. This paper aims to provide an alternative way of examining and evaluating the contestation which exists regarding SDT in the WTO. Design/methodology/approach This paper employs the conceptual framework provided by economic contract theory and in particular, the concept of the incomplete contract to provide a scaffold for analysing SDT. This approach is intended to offer insights beyond those elucidated so far in the literature on the topic. Findings This paper, by employing an economic contract theory approach, finds that SDT is constructed as an incomplete contract. Furthermore, the suboptimal outcomes associated with incomplete contracts are apparent in the constitution of SDT. This finding is useful in both an evaluative and programmatic sense; providing us with an alternative entry point to explain some of the shortcomings with SDT as well as garnering us with a useful conceptual tool to think upon how SDT can be improved. Originality/value The paper contributes to the literature on SDT within the WTO in particular as well as differential treatment in international law in general. Drawing on literature on the WTO as an incomplete contract, the paper provides an original frame for analyzing SDT and draws attention, in particular, to the utility of economic contract theory as a programmatic and evaluative frame for SDT and differential treatment more generally

Effects of high temperatures on soil properties : lessons to share from smouldering remediation experience

Aggressive, high-temperature contaminant remediation processes such as smouldering remediation are growing in popularity as technical knowledge of their capabilities becomes more widespread. Smouldering remediation is most aggressive of these processes and exposes soils to temperatures across the range of 500-1000 oC for hours to days, displacing water and destroying in excess of 99.9% of contaminant mass. The high temperatures and aggressive chemical reactions result in significant changes to the soil properties, particularly at the particle surface. Shifts in soil geochemistry, mineralogy, and structure are observed. Micro computed tomography shows that grain surfaces become significantly smoother after remediation. The changes are more extensive than initial mineralogy testing had suggested. Increased smoothness affects grain-grain and grain-water interactions and may explain some of the dynamic changes in infiltration, permeability, cohesiveness, and strength that have been observed in soils after smouldering remediation. Understanding these effects is essential to link micro-scale changes to macro-scale behaviour and develop a holistic approach to contaminated soil remediation and reuse. Important analogies can be drawn to the effects of fires on soil properties

Liminal spaces : special and differential treatment as an incompletely theorised agreement

Drawing on earlier work by the author on the application of economic contract theory to preferential treatment in favour of developing countries , this article is intended to provoke some reflections on special and differential treatment within the World Trade Organisation (WTO). The concept of special and differential treatment, defined as measures which aim to address developing and least developed countries (LDC) relevant development, financial and trade needs, has the potential for far-reaching impacts within the trading regime, depending upon how it is interpreted. This article seeks to develop a theoretical perspective on special and differential treatment. In developing this perspective, Cass Sunstein’s theory of the incompletely theorised agreement is utilised to interrogate the core features of special and differential treatment. Using this analytical lens, the article traces the construction of special and differential treatment as an incompletely theorised agreement and elucidates on the consequences of this for the operation of such treatment as an effective tool to address the development, financial and trade needs of developing countries. The article then evaluates recent changes to special and differential treatment which can be construed as an effort to more completely theorise such treatment. The article concludes by positing that special and differential treatment currently resides within a liminal or transitional space. By tracing the contours of such liminality, and through use of the lens of the incompletely theorised agreement, this article seeks to contribute original insights to this area of trade law and practice

Footloose and fancy free : state aid after Brexit

There is a perception in certain quarters that EU state aid law acts as a barrier to the UK's ability to pursue an effective industrial policy. Indeed, while the level of state aid provided by the UK is low, members of the current UK government and Labour’s Jeremy Corbyn have framed the EU state aid regime as potentially limiting the UK’s ability to support British business. The UK's decision to leave the EU has thus led some commentators to opine that Brexit will allow the UK to provide greater support to domestic industry. This article evaluates to what extent, if any, Brexit could provide the UK with greater autonomy to grant state aid

Agreement on Fisheries Subsidies

Peer reviewedPublisher PD

Access to minerals : WTO export restrictions and climate change considerations

In the past few years, the Chinese government opted to restrict the export of selected minerals on environmental and health grounds, subsequently leading to an uproar in countries and regions that rely heavily on imports from China to develop their renewable industry sector. This paper places the focus on the law and policy of the Chinese export restrictions of critical minerals, and its implications for the global renewables energy industry. The paper critically assesses how such export restrictions have been dealt with under the dispute settlement system of the World Trade Organisation (WTO). Drawing on this WTO jurisprudence, we posit that litigation on export restrictions of the kind imposed by China poses a threat to the legitimacy of the WTO. We therefore conclude by exploring whether there are any alternatives to litigation as a means to deal with countries choosing to impose mineral export restrictions

Brexit and the Trade Bill : The Civil Society Brexit Project

[Abstract unavailable

US efforts to impose Trips-plus standards : Falling down: unilateral enforcement of Intellectual Property rights – a critical analysis of the United States' efforts to impose TRIPS-plus standards

The current stagnation of the Doha Round of multilateral trade talks is juxtaposed against increasing criticism of the terms of WTO membership. Central to this criticism is the Agreement on Trade–Related Aspects of Intellectual Property Rights (TRIPS).1 Characterised as potentially disruptive to the rights of WTO members to take measures to secure access to affordable essential medicines2, the TRIPS Agreement has been heavily scrutinised by a myriad of commentators ranging from human rights3 and development4 advocates to health charitie