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Global Environmental Protection through Trade - A Systematic Approach to Extraterritoriality (Hardcover)
Loot Price: R3,542
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Global Environmental Protection through Trade - A Systematic Approach to Extraterritoriality (Hardcover)
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Despite an increasing global awareness of environmental concerns,
setting internationally binding and ambitious commitments has
proven exceedingly complex. As states are seeking alternative
methods to support global environmental protection, this book takes
a closer look at the possibility of using national trade measures
that make market access conditional on the environmental impact of
the production process abroad. Inspired by accepted practice in
other fields of law, Barbara Cooreman illustrates that the
extraterritorial character of these environmental trade measures is
not necessarily inconsistent with WTO law by proposing an
extraterritoriality decision tree for trade measures targeting
foreign production processes. Identifying key challenges through
varied case studies, the author demonstrates that states can indeed
use their market to further environmental progress, when the
state's environment is affected and where a minimum level of
international legal support exists for the environmental concern at
issue. The book shows that current WTO laws leave more room for
action than often thought and concludes that WTO law is no excuse
for environmental inaction. Practical and comparative, this book
will appeal to scholars of both environmental and trade law. It
also offers a valuable tool to aid judges and lawmakers alike in
determining the lawfulness of a measure.
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