Toward Responsible and Coherent Regulatory Frameworks
Edited by Clair Gammage, Senior Lecturer and Tonia Novitz, Professor, University of Bristol Law School, UK
Sustainable development remains a high priority in international politics, as governments seek new methods of managing the consumption of resources while maintaining national economic growth. This timely book explores how the contours and facets of sustainability shape international laws and regulations that govern trade, investment and finance.'
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.
‘Understanding the regulatory frameworks of trade, investment and finance and their impact on corporate sustainability is crucial. This highly topical volume provides fresh insights combined with a comprehensive analysis that makes it a necessary contribution not only in trade, investment and finance, but also for scholars, students and policy-makers of company law, corporate governance and business generally.’ – Beate Sjåfjell, University of Oslo and coordinator of the SMART project, Norway
Contributors: E. Boone Barrera, K. Buhmann, S. Dawood, F.C. Ebert, C. Gammage, A. Ghouri, Y.-J. Lin, I. Lynch Fannon, A. Man, K. McCall-Smith, I. Nathan, T. Novitz, B.J. Richardson, A. Rühmkorf, D. Szabo, C. Tan
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 in Terms of 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 Promote Sustainable Development Strategies while Combating Environmental Degradation: A Developing Country Perspective Shamila Dawood
PART IV INVESTMENT ARBITRATION 9. Human Rights Obligations in Investor-State Contracts: Reconciling 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. Achieving Sustainable Development Objectives in International Investment Law through the Lens of Treaty Interpretation Ying-Jun Lin
PART V FUNDING, FINANCE AND TAX 12. Fossil Fuels Divestment: A Strategy for Sustainability? Benjamin J. Richardson
13. Creative Cocktails or Toxic Brews? Blended Finance and the Regulatory Framework for Sustainable Development Celine Tan