Recent transatlantic relations have been plagued by a seemingly endless series of disputes over trade and other economic and political interests. Some of these disputes have been amongst the most prominent of the WTO era: the Bananas Case, the Beef Hormones Case and the furore over the Helms-Burton Act. This book analyses the sources of transatlantic disputes, and the means employed to prevent and settle such disputes both bilaterally and through the multilateral dispute settlement mechanism of the of the WTO, and identifies promising areas for reform.

This is a book about the ever more complex legal networks of transnational economic governance structures and their legitimacy problems. It takes up the challenge of the editors' earlier pioneering works which have called for more cross-sectoral and interdisciplinary analyses by scholars of international law, European and international economic law, private international law, international relations theory and social philosophy to examine the interdependences of multilevel governance in transnational economic, social, environmental and legal relations. Two complementary strands of theorising are expounded. One argues that globalisation and the universal recognition of human rights are transforming the intergovernmental "society of states" into a cosmopolitan community of citizens which requires more effective constitutional safeguards for protecting human rights and consumer welfare in the national and international governance and legal regulation of international trade. The second emphasises the dependence of the functioning of international markets and liberal trade on governance arrangements which respond credibly to safety and environmental concerns of consumers, traders, political and non-governmental actors. Enquiries into the generation of international standards and empirical analyses of legalization and judizialisation practices form part of this agenda. The perspectives and conclusions of the more than 20 contributors from Europe and North-America cannot be uniform. But they converge in their search for a constitutional architecture which limits, empowers and legitimises multilevel trade governance, as well as in their common premise that respect for human rights, private and democratic self-government and social justice require more transparent, participatory and deliberative forms of transnational "cosmopolitan democracy".

The 1994 agreement establishing the World Trade Organization (WTO) regulates over 95% of world trade amongst 148 member countries. The November 2001 Declaration of the Fourth Ministerial Conference of the WTO in Doha, Quatar, has launched the Doha Development Round of multilateral trade negotiations in the WTo on 21 topics aimed at far-reaching reforms of the world trading system. On August 1st 2004, the WTO General Council reached agreement on a detailed Doha Work program with the aim of concluding negotiations in 2006. This volume provides discussion and policy recommendations by leading WTO negotiators and policy-makers, and analysis by leading economists, political scientists and trade lawyers on the major subjects of the Doha Round negotiations. Over 30 contributors explore the complexity of the world trading system and of the WTO negotiations for its reform from diverse political, economic and legal perspectives.

When first published in 1997, Factor Four: Doubling Wealth, Halving Resource Use by renowned economic and engineering experts Ernst von Weizsacker, Amory Lovins and L. Hunter Lovins, transformed how economists, policy makers, engineers, entrepreneurs and business leaders thought about innovation and wealth creation. Through examples from a wide range of industrial sectors, the authors demonstrated how technical innovation could cut resource use in half while doubling wealth. Now twelve years on, with climate change at the top of the world agenda and the new economic giants of China and India needing ever more resources, there is a unique historic opportunity to scale up resources productivity and radically transform the global economy. And Factor Five is the book set to change all of this. Picking up where Factor Four left off, this new book examines the past 15 years of innovation in industry, technical innovation and policy. It shows how and where factor four gains have been made and how we can achieve greater factor five or 80%+ improvements in resource and energy productivity and how to roll them out on a global scale to retool our economic system, massively boost wealth for billions of people around the world and help solve the climate change crises. Spanning dozens of countries including China and India and examining innumerable cases of innovation in design, technology and policy, the authors leave no engineering and economic stone unturned in their quest for excellence. The book tackles sustainable development and climate change by providing in depth Factor 5 resource productivity studies of the following sectors: Buildings, Industry, Agriculture, Food and Hospitality, and Transportation. In its systematic approach to demonstrating how Factor 5 can be achieved, the book also provides an overview of energy/water nexus and energy/materials nexus efficiency opportunities across these sectors. Given that these sectors are responsible for virtually all energy usage and greenhouse gas emissions globally, this book is designed to guide everyone from individual households, businesses, industry sector groups to national governments in their efforts to achieve the IPCC recommended target of 80 per cent reductions to greenhouse gas emissions. It also looks at innovation in regulation to increase resource productivity, pricing, carbon trading, eco-taxation and permits and the role of international institutions and trade. The authors also explain exciting new concepts such as bio-mimicry and whole system design, as hallmarks for a new generation of technologies. The last part of the book explores transformative ideas such as a long term trajectory of gently rising energy and resource prices, and new concepts of well-being in a more equitable world. Like its predecessor this book is simply the most important work on the future of innovation, business, economics and policy and is top drawer reading for leaders across all sectors including business and industry, government, engineering and design and teaching. This book is full colour throughout. Published with The Natural Edge Project

When first published in 1997, Factor Four: Doubling Wealth, Halving Resource Use by renowned economic and engineering experts Ernst von Weizsacker, Amory Lovins and L. Hunter Lovins, transformed how economists, policy makers, engineers, entrepreneurs and business leaders thought about innovation and wealth creation. Through examples from a wide range of industrial sectors, the authors demonstrated how technical innovation could cut resource use in half while doubling wealth. Now twelve years on, with climate change at the top of the world agenda and the new economic giants of China and India needing ever more resources, there is a unique historic opportunity to scale up resources productivity and radically transform the global economy. And Factor Five is the book set to change all of this. Picking up where Factor Four left off, this new book examines the past 15 years of innovation in industry, technical innovation and policy. It shows how and where factor four gains have been made and how we can achieve greater factor five or 80%+ improvements in resource and energy productivity and how to roll them out on a global scale to retool our economic system, massively boost wealth for billions of people around the world and help solve the climate change crises. Spanning dozens of countries including China and India and examining innumerable cases of innovation in design, technology and policy, the authors leave no engineering and economic stone unturned in their quest for excellence. The book tackles sustainable development and climate change by providing in depth Factor 5 resource productivity studies of the following sectors: Buildings, Industry, Agriculture, Food and Hospitality, and Transportation. In its systematic approach to demonstrating how Factor 5 can be achieved, the book also provides an overview of energy/water nexus and energy/materials nexus efficiency opportunities across these sectors. Given that these sectors are responsible for virtually all energy usage and greenhouse gas emissions globally, this book is designed to guide everyone from individual households, businesses, industry sector groups to national governments in their efforts to achieve the IPCC recommended target of 80 per cent reductions to greenhouse gas emissions. It also looks at innovation in regulation to increase resource productivity, pricing, carbon trading, eco-taxation and permits and the role of international institutions and trade. The authors also explain exciting new concepts such as bio-mimicry and whole system design, as hallmarks for a new generation of technologies. The last part of the book explores transformative ideas such as a long term trajectory of gently rising energy and resource prices, and new concepts of well-being in a more equitable world. Like its predecessor this book is simply the most important work on the future of innovation, business, economics and policy and is top drawer reading for leaders across all sectors including business and industry, government, engineering and design and teaching. This book is full colour throughout. Published with The Natural Edge Project

Sustainability cannot be achieved without good governance. The Johannesburg World Summit on Sustainable Development in 2002 stated that governance and sustainable development are intimately tied together and the future role and architecture of institutions, from local to international levels, will be crucial determinants to whether future policies and programmes for sustainable development will succeed. But these are changing times. With growing tensions over both globalization and regionalization, traditional systems of regulation are being subjected to growing pressure for reform. While states will continue to play a significant, if changed, role in the future, the importance of players from business and civil society is increasing. Sustainable development requires this change. Such an intra- and intergenerational concept cannot be achieved with a top-down approach, but rather needs the participation of all. In fact, the governance of sustainable development requires the exploration of new forms of both social co-operation and confrontation. By doing so, the different levels (global and local), players (state, company and civil society), control structures (hierarchy, market and public-private) and fields of action need to be taken into consideration.Governance and Sustainability examines the possibilities of integrating the environmental, social and economic dimensions of sustainable development within the framework of governance processes and how that might steer societies towards sustainability. It takes a close look at the key actors, their agendas and methods, forms of organization, problems and limits, as well as real-life examples for governance in different areas of society at the regional, national and international level. It is especially interested in exploring the nature of changes in the context of governance; the role of actors in such processes; and analysing how different forms of societal learning can improve governance processes. It concludes that this is a continuous process, characterized by conflicts and learning processes necessary to heighten both awareness of the complexity of the social and environmental problems faced and the prospects of implementing successful solutions. Based on a major conference hosted to assess the issue of governance post-Johannesburg, the book includes innovative insights from some of the leading thinkers in both sustainable development and governance from academia, business, multilateral organizations and NGOs. It provides a unique perspective on two of the key societal problems facing the world today.

Recent transatlantic relations have been plagued by a seemingly endless series of disputes over trade and other economic and political interests. Some of these disputes have been amongst the most prominent of the WTO era: the Bananas Case, the Beef Hormones Case and over the application of the Helms-Burton Act. This book analyzes the source of transatlantic disputes, the means employed to prevent and settle such disputes both bilaterally and through the dispute settlement mechanism of the of the WTO, and to identify promising areas for reform.
This book begins with a survey of transatlantic governance and dispute settlement problems. Part II analyzes 14 case-studies of transatlantic economic and regulatory disputes written by leading EU and US experts. The analytical papers in Part III examine the disputes in the broader context of legal, economic and political theories of dispute prevention and dispute settlement. Part IV offers policy recommendations from EU and US policy-makers and academics. Most of the more than 20 contributors conclude that joint EU-US leadership in multilateral institutions (e.g. for trade liberalization, dispute prevention and dispute settlement in the WTO) offers advantages over bilateral approaches. By contrast, a potential transatlantic free-trade association (TAFTA) remains a second-best approach which might not prevent many of the transatlantic disputes over internal trade-related domestic policies. Transatlantic initiatives e.g. forL regulatory cooperation and citizen-oriented institutional reforms can, however, serve as precedents for multilateral reforms (e.g. of WTO rules).

This book offers a systematic analysis of the interaction between international investment law, investment arbitration and human rights, including the role of national and international courts, investor-state arbitral tribunals and alternative jurisdictions, the risks of legal and jurisdictional fragmentation, the human rights dimensions of investment law and arbitration, and the relationships of substantive and procedural principles of justice to international investment law.
Part I summarizes the main conclusions of the 24 book chapters and places them into the broader context of the principles of justice, global administrative law and multilevel constitutionalism that may be relevant for the administration of justice in international economic law and investor-state arbitration. Part II includes contributions clarifying the constitutional dimensions of transnational investment disputes and investor-state arbitration, as reflected in the increasing number of arbitral awards and amicus curiae submissions addressing human rights concerns. Part III addresses the need for principle-oriented ordering and the normative congruence of diverse national, regional and worldwide legal regimes, focusing on the pertinent dispute settlement practices and legal interpretation methods of regional economic courts and human rights courts, which increasingly interpret international economic law with due regard to human rights obligations of the governments concerned.
Part IV includes twelve case studies on the potential human rights dimensions of specific protection standards (e.g. fair and equitable treatment, non-discrimination), applicable law (e.g. national and international human rights law, rules on corporate social accountability), procedural law issues (e.g. amicus curiae submissions) and specific fundamental rights (e.g. the protection of human health, access to water, and protection of the environment). These case studies discuss not only the still limited examples of human rights discourse in investor-state arbitral awards; they also probe the potential legal relevance of investor-state arbitration for the judicial recognition, interpretation and balancing of primary rules, such as of investment law and human rights law, in the light of the principles of justice as defined by national and international law.

This book offers a systematic analysis of the interaction between international investment law, investment arbitration and human rights, including the role of national and international courts, investor-state arbitral tribunals and alternative jurisdictions, the risks of legal and jurisdictional fragmentation, the human rights dimensions of investment law and arbitration, and the relationships of substantive and procedural principles of justice to international investment law.
Part I summarizes the main conclusions of the 24 book chapters and places them into the broader context of the principles of justice, global administrative law and multilevel constitutionalism that may be relevant for the administration of justice in international economic law and investor-state arbitration. Part II includes contributions clarifying the constitutional dimensions of transnational investment disputes and investor-state arbitration, as reflected in the increasing number of arbitral awards and amicus curiae submissions addressing human rights concerns. Part III addresses the need for principle-oriented ordering and the normative congruence of diverse national, regional and worldwide legal regimes, focusing on the pertinent dispute settlement practices and legal interpretation methods of regional economic courts and human rights courts, which increasingly interpret international economic law with due regard to human rights obligations of the governments concerned.
Part IV includes twelve case studies on the potential human rights dimensions of specific protection standards (e.g. fair and equitable treatment, non-discrimination), applicable law (e.g. national and international human rights law, rules on corporate social accountability), procedural law issues (e.g. amicus curiae submissions) and specific fundamental rights (e.g. the protection of human health, access to water, and protection of the environment). These case studies discuss not only the still limited examples of human rights discourse in investor-state arbitral awards; they also probe the potential legal relevance of investor-state arbitration for the judicial recognition, interpretation and balancing of primary rules, such as of investment law and human rights law, in the light of the principles of justice as defined by national and international law.

The 1994 agreement establishing the World Trade Organization (WTO) regulates over 95% of world trade amongst 148 member countries. The November 2001 Declaration of the Fourth Ministerial Conference of the WTO in Doha, Quatar, has launched the Doha Development Round of multilateral trade negotiations in the WTo on 21 topics aimed at far-reaching reforms of the world trading system. On August 1st 2004, the WTO General Council reached agreement on a detailed Doha Work program with the aim of concluding negotiations in 2006.
This volume provides discussion and policy recommendations by leading WTO negotiators and policy-makers, and analysis by leading economists, political scientists and trade lawyers on the major subjects of the Doha Round negotiations. Over 30 contributors explore the complexity of the world trading system and of the WTO negotiations for its reform from diverse political, economic and legal perspectives.

Transforming World Trade and Investment Law for Sustainable Development explains why the 2030 UN Sustainable Development Agenda for "Transforming our World"-aimed at realizing universal human rights and the17 agreed sustainable development goals (SDGs)-requires transforming the UN and WTO legal systems, as well as international investment law and adjudication. UN and WTO law protect regulatory competition between diverse neo-liberal, state-capitalist, European ordo-liberal, and developing countries' conceptions of multilevel trade and investment regulation. However, geopolitical rivalries and trade wars increasingly undermine transnational rule of law and effective regulation of market failures, governance, and constitutional failures. Protecting the WTO legal and dispute settlement system remains essential for SDGs such as climate change mitigation measures and access to medical supplies and vaccines in global health pandemics. Investment law and adjudication must better reconcile governmental duties to protect human rights and decarbonize economies with the property rights of foreign investors. The constitutional, human rights, and environmental litigation in Europe enhances the legal accountability of democratic governments for protecting sustainable development. However, European economic constitutionalism has been rejected by neoliberalism, China's authoritarian state-capitalism, and many developing countries' governments. The more that regional economic orders (like the China-led Belt and Road networks) reveal heterogeneity and power politics block UN and WTO reforms, the more the US-led neoliberal world order risks disintegrating. UN and WTO law must promote private-public network governance and civil society participation in order to stabilize and de-politicize multilevel governance that protects SDGs and global public goods.