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Sustainable Trade, Investment and Finance: Toward Responsible and Coherent Regulatory Frameworks

Sustainable Trade, Investment and Finance: Toward Responsible and Coherent Regulatory Frameworks

Author: Clair Gammage; Tonia Novitz
Publisher: Edward Elgar Publishing
ISBN: 9781788971034
Published In: July 2019
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Sustainable development remains a high priority in international politics and commerce. This timely book explores how the contours and facets of economic, environmental and social sustainability are reflected in the legal norms that govern trade, investment and finance.

Examining a range of issues arising from private initiatives, national conduct and international organisations, the chapters interrogate the role of powerful global actors in the pursuit of sustainable development: China, the United States and the EU are all recognised as significant actors in a wider context of global partnership. The authors identify and investigate challenges to the realisation of a coherent sustainable development policy, engaging with the complex interactions of international, regional and national mechanisms that pose significant problems for the future of the planet, its people and their prosperity.

Offering interdisciplinary insights on legal frameworks through the lens of sustainability, this discerning book will appeal to a range of academics interested in sustainability, trade, investment and finance, while also offering crucial insights for policy-makers into specific areas of regulation.

1. The Concept of Sustainability and its Application in International Trade, Investment and Finance

Clair Gammage and Tonia Novitz

PART I TRADE LAW

2. Sustainable Trade, Renewable Energy and the WTO

Daniel Szabo

3. Social Norms in EU-Free Trade Agreements: Justiciable or Not?

Clair Gammage

4. Increasing the Social Sustainability of Trade Agreements Regarding Labour Standards: Insights from the TPP Experience

Franz Christian Ebert

PART II SUPPLY CHAINS

5. Sustainable Global Supply Chains: From Transparency to Due Diligence

Kasey McCall-Smith and Andreas Rühmkorf

6. Regulating Sustainability by Combining Legality Verification and Market Access: Critical Reflections on the EU’s FLEGT Scheme as ‘Smart-Mix’ Multi-Level Regulation for the Timber Sector

Karin Buhmann and Iben Nathan

PART III CONTENT OF INVESTMENT TREATIES

7. Old Players, New Rules: A Critique of the China-Ethiopia and China-Tanzania Bilateral Investment Treaties

Amy Man

8. The Principle of ‘CBDR’ in BITs to Attain SD while Combating Environmental Degradation: A Developing Country Perspective

Shamila Dawood

PART IV INVESTMENT ARBITRATION

9. Human Rights Obligations in Investor-State Contracts: Reconciling the Investors' Legitimate Expectations with the Public Interest

Enrique Boone Barrera

10. From Myopia to Flashes of Clear Vision? Deciding Interaction and Conflict of Treaties in Investor-State Arbitration after Urbaser v Argentina

Ahmad Ghouri

11. Implementing Sustainable Development Objectives in International Investment Law through the Lens of Treaty Interpretation