Seite 1 14. Januar 2010 Reinhard Quick Social and Environmental Standards in the World Trading System Unilateral Trade Measures and WTO Dispute Settlement.

Slides:

Advertisements

Similar presentations

External Trade Trade and Environment The EU approach Paolo Caridi First Secretary, Delegation of the European Commission to Japan.

Advertisements

1 Prof. Dr. Josef Drexl Unit for Intellectual Property and Competition Law Max Planck Institute for Intellectual Property, Competition and Tax Law International.

1 Session 9 – Government-to-government dispute settlement procedures WTO Dispute Settlement Understanding Vesile Kulaçoglu, WTO Secretariat Dar es Salaam,

Creation of WTO investment rules in the new round We strongly urge that investment rule negotiations be launched at the Fifth Ministerial in September.

Assessment of the EU - Rep. of Korea FTA

The treatment of Government Procurement in international trade agreements: the EU experience Taipei, 11 June 2008 Christian Levon European Commission DG.

1 What can WTO Law do for Climate Change: Potentials and Limits Thomas Cottier NCCR – Trade Regulation World Trade Institute, Bern.

AN OVERVIEW OF MEAs AT GLOBAL AND REGIONAL LEVELS

UOttawa.ca CETA – A New Model for Regulatory Cooperation, Transparency and Coherence? Presentation by: Professor Debra Steger University of Victoria European.

Labor Provisions in U.S. Free Trade Agreements Aaron Rosenberg Director for Labor Affairs Office of the United States Trade Representative July 2007.

Labour Provisions in Free Trade Agreements: “Rebalancing Globalization”? Anne Posthuma International Institute for Labour Studies, ILO Geneva.

Competition provisions in FTAs The case of the EU-Korea FTA Clemens Kerle Miek Van der Wee Brussels, 10 December 2010.

The Trade and Labour Linkage: The Canadian Perspective LABOUR PROGRAM Pierre Bouchard Director Office for Inter-American Labour Cooperation Labour Branch,

1 The EU Trade Policy. 2 Contents 1.General background of the EU’s trade policy: how is the EU trading bloc structured?  The institutional setting 

WTO World Trade Organization / Organisation mondiale du Commerce Set up in 1995, follower to the GATT (General Agreement on tariffs and trade, initiated.

EU: Bilateral Agreements of Member States. Formerly concluded international agreements of Member States with third countries Article 351 TFEU The rights.

Compliance of Carbon-related Border Adjustments with WTO Law Kateryna Holzer, P 4.1 CITEL, World Trade Institute, Bern Background A government intending.

The European Union Trade Policy 2014

Multilateral Environmental Agreements (MEAs)

Ole Kr. Fauchald Categories of treaties n Treaties, conventions, covenants, memoranda of understanding, exchange of letters – irrelevance of.

AUSTRALIA’S DOHA ROUND AGENDA. TODAY’S DISCUSSION  briefly, the WTO and Australia  what was decided at Doha  what has happened since Doha  Australia’s.

International Environmental Governance – where from here? Joy Hyvarinen FIELD.

ECIPE PRESENTATION » Natalia Macyra Trade Policy Analyst, European Centre for International Political Economy (ECIPE) Implications of the Transatlantic.

Ole Kr. Fauchald For what purposes do we use treaties?

Business, the International Rule of Law and Human Rights British Institute of International and Comparative Law 50 th Anniversary Series.

International Environmental Law and International Commercial Treaties John Pendergrass Environmental Law Institute Senior Attorney, Co-Director International.

Strategic Trade Policy in Context: Canada- Caricom The Global Trading System and Trade Agreements International Law and Domestic Law Multilateral, regional.

1 n June 2005European Commission KTC Seminar Seoul – 2 June 2004 The fight against counterfeiting and piracy: The fight against counterfeiting and piracy:

THE WHAT, THE WHY, AND THE HOW EM410 UNIT 3 INTERNATIONAL ENVIRONMENTAL LAW.

1 The European Union Trade Policy The European Union Trade Policy May 2009.

Regional Trade Agreements and the WTO

WORLD TRADE ORGANISATION WORLD TRADE ORGANISATION RAJENDRA K.KHETAN Vice President WTO CELL ~FNCCI.

Overview Understanding compliance Compliance in the new 2015 agreement – Mitigation – Other areas Some draft options.

WTO Today: A New Negotiating Round Thomas Cottier Professor of Law of Counsel, Baker&McKenzie Santiago de Chile

Ole Kr. Fauchald Trade and environment: objectives n A convergence of objectives? ä Sustainable development as a common denominator? –Acknowledged.

Section 4: International Economics

EU Market Access Strategy: tools for European exporters Transparency on Trade Policy and Measures Means to address Non-Tariff Measures Sarajevo, 29 October.

1994 WTO Understanding On the Rules and Procedures Governing the Settlement of Disputes.

Global governance and the WTO Global administrative law and national administrative law  different characteristics. Global administrative law stems from.

WTO-WORLD TRADE ORGANIZATION. FOUNDATION WTO is an international organization which was founded on The WTO was born out of the GATT(General Agreement.

Ole Kr. Fauchald Where do we find int’l law n Art. 38 of the Statute of the ICJ n Treaties ä Bilateral, regional, multilateral, global ä Law-making.

© WTO - OMC The WTO Influence in EU FTAs, through the dispute settlement lens CLEER, The Hague, November 2010 Edna Ramirez-Robles.

The Changing Landscape of Trade Negotiations Alan V. Deardorff University of Michigan For presentation at 2015 Seoul Conference.

INTERNATIONAL ENVIRONMENTAL LAW

Session III: Common Safety Standards- The best way to best practices The IAEA Safety Standards aim at: – Enhancing safety principles and criteria – Documenting.

1 Competition policy in WTO sectoral agreements Dr. Pierre Arhel Counsellor (competition policy) Intellectual Property Division Sao Paulo, April.

PUA Annual Conference The Energy Charter Jerusalem 30 November 2015 Ernesto Bonafé Regulatory expert Energy Charter Secretariat.

Establishment of international trade rules  reasons: 1)elimination of trade-restrictive measures in national legal orders; 2) need for security and predictability.

Trade Policy Review Mechanism Collective appreciation and evaluation of individual trade policies of Member States. It cannot be used for the enforcement.

EU-Indonesia Trade Cooperation Facility Module 2: EU as a negotiating partner Trends of EC trade negotiations 29 September

Transboundary Groundwater (TBGW) Integrated Management Levelling of scientists by lawyers and policy-makers 14 October 2008.

1 Sustainable Developments in International Courts and Tribunals – Judicial Activism in the WTO? Prof Markus Gehring, Dr. jur (Ham) LL.M. (Yale) MA (Cantab)

EMA Climate Change Conference

CETA AND LABOUR: CONSEQUENCES FOR EMPLOYMENT AND LABOUR RIGHTS Adoración Guamán University of Valencia.

MULTINATIONAL INSTRUMENTS ON FOREIGN INVESTMENT. The United nations (UN) The Havana Charter of 1948: never came into effect; International Trade Organization:

________________________ Based on analyses from Ferdi de Ville CETA Agreement and EP Red lines ________________________ Based on analyses from Ferdi de.

Introduction to GATT and WTO The World Trade Organization (WTO) was established to govern international trade. It was found on 1 st January, 1995 and headquartered.

RESPONSES TO NON-COMPLIANCE

ICTSD PANEL: LABOUR PROVISIONS IN BILATERAL AND REGIONAL AGREEMENTS: CHALLENGES FOR THE MULTILATERAL TRADING SYSTEM WTO PUBLIC FORUM 2009 Pablo Lazo 1.

Package of agreements annexed to the WTO Agreement

International Law.

IMPLEMENTATION OF MEAs IN NATIONAL LAW

International Labour Standards on Collective Bargaining: C151 and C154

MGT601 SME MANAGEMENT.

Convention of Climate Change and the Kyoto Protocol

Institutional changes The role of Bilateral Oversight Boards

Introduction to Collective Bargaining

International agricultural trade rules

The Involment of TU Toward FTA, Particularly I-EU CEPA

Presentation transcript:

Seite Januar 2010 Reinhard Quick Social and Environmental Standards in the World Trading System Unilateral Trade Measures and WTO Dispute Settlement Measures to Address Social and Environmental Standards Conclusions Application of Social and Environmental Standards in Trade Negotiations

Seite Januar 2010 Reinhard Quick Social and Environmental Standards in the World Trading System WTO: Obligatory dispute settlement, trade sanctions in case of non- compliance MEAs and ILO Agreements: Consensual resolution of disputes, no sanctions Attractiveness of WTO for dispute settlement for trade-and-subjects Result: Environment WTO cases on trade and environment have led to an environmentally friendly interpretation of WTO rules, Negotiations on trade and environment Result: Labour no cases on trade and labour issues no negotiations in WTO, sole responsibility of ILO WTO Singapore 1996, Seattle 1999, Doha 2001

Seite Januar 2010 Reinhard Quick Unilateral Trade Measures and WTO Dispute Settlement Assumption: might an aggressive unilateralism on trade and labour also lead to a re-consideration of WTO rules? Enforcement of non-trade issues through WTO? Reasons to be skeptical: Legal issues: Sovereignty, extraterritorial limitation of GATT exceptions, GATT problem with non-product-related process and production methods (PPMs) Political issue: Unilateralism at the edge of WTO-compatibility requires unambiguous stance to comply with WTO-rulings

Seite Januar 2010 Reinhard Quick Measures to Address Social and Environmental Standards Strengthening of ILO/MEAs Bilateral negotiations Positive incentives

Seite Januar 2010 Reinhard Quick Measures to Address Social and Environmental Standards – Strenthening of ILO/MEAs Strengthening ILO Declaration on Fundamental Rights and Principles at Work, 1998 Declaration on Social Justice for a Fair Globalisation, 2008 Yet: no binding dispute settlement mechanism, no sanctions Strengthening MEAs Basle Convention, Montreal Protocol, Stockholm Convention, Rotterdam Convention, Biosafety Convention No WTO-like international organisation for the environment, no binding dispute settlement mechanism

Seite Januar 2010 Reinhard Quick Measures to Address Social and Environmental Standards – GSP, GSP+, EBA GSP System of EU GSP + (16 countries covering 6336 products) EBA initiative

Seite Januar 2010 Reinhard Quick Measures to Address Social and Environmental Standards – Bilateral Agreements I FTAs, partnership or cooperation agreements Contractual obligation with respect to sustainable development, in particular the respect of social and environmental standards Latest example: FTA EU – Korea: No harmonisation of standards, regulatory autonomy, high environmental and social protection Respect of core labour standards Effective implementation of ILO Conventions and MEAs including UNFCCC and Kyoto Protocol

Seite Januar 2010 Reinhard Quick Measures to Address Social and Environmental Standards – Bilateral Agreements II No dispute settlement but: Transparency and cooperation Procedural commitment: Committee on sustainable development Creation of advisory groups Panel - non binding panel report Result: soft pressure, consultation and transparency, naming and shaming, publicity to encourage enforcement

Seite Januar 2010 Reinhard Quick Conclusions 1. Better global governance through more effective ILO and MEAs (or a WEO ?) 2. Insistence of EU on social and environmental standards in bilateral agreements has not (yet) led to disadvantages for EU with respect to third countries 3. Sanctions are not the right approach to enforce core labour standards 4. Reconsideration of GSP 5. From bilateralism to multilateralism