(Un)Sustainable Development(s) in International Economic Law: A Quest for Sustainability

Aseeva, Anna

doi:10.3390/su10114022

Cited by 15 publications

(10 citation statements)

References 62 publications

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“…This is not to say SD has no formal influence [21]. Instead, it not only serves as guidance for the implementation of WTO agreements, such as the SPS Agreement, but also serves as a justification for decisions by dispute settlement bodies [1].…”

Section: Rationales Of Sustainable Development In Wtomentioning

confidence: 99%

“…The preamble of the Marrakesh Agreement Establishing the World Trade Organization highlights sustainable development (SD) as one of its far-reaching objectives running through all multilateral trade agreements [1]; in order to achieve SD, the precautionary principle (PP), which is regarded as a "prerequisite" or "key foundation" for SD, is one of the most appropriate means that can be used [2][3][4].…”

Section: Introductionmentioning

confidence: 99%

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Sustainable Development in World Trade Law: Application of the Precautionary Principle in Korea-Radionuclides

Cai

Kim

2019

Sustainability

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Sustainable development (SD) is one of the objectives of the World Trade Organization (WTO), and in order to achieve SD, the precautionary principle (PP) is one of the most appropriate means that can be used. This study aims to explore whether the WTO promotes SD through its legal interpretation of the PP and to provide suggestions for realizing the balance between trade liberalization and sustainable development in the WTO. To this end, this study conducts a case analysis on the Korea-Import Bans, and Testing and Certification Requirements for Radionuclides (DS495) dispute from legal and political-economic perspectives, and finds that the WTO’s rigorous examinations of the four requirements presented in Article 5.7 of the Agreement on the Application of Sanitary and Phytosanitary Measures (the SPS Agreement) remain a significant impediment for the incorporation of the PP into WTO jurisprudence, and can also cause systemic problems. This study suggests that efforts from three dimensions—the WTO adjudicating parties, the government, and the lobbying groups of importing countries—are required to promote SD in the WTO.

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Section: Rationales Of Sustainable Development In Wtomentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

Sustainable Development in World Trade Law: Application of the Precautionary Principle in Korea-Radionuclides

Cai

Kim

2019

Sustainability

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“…Consequently, if the economic development, social income benefits, environmental protection and sustainable development as stated in the Rio Declaration, are attained, then the contradictions that have been created between the laws on the international market trade and environmental protection will not become the focus of people's attention (Aseeva, 2018).…”

Section: Introductionmentioning

confidence: 99%

World Trade Organisation System

Aboagye¹,

Owusu²,

Yamoah³

et al. 2022

RISUS

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In today’s world, sustainable development has become the consensus of the international community. With the development and progress of the world economy and the launch of the wave of environmental protection in the world, market trade and environmental protection issues have gradually gained the full attention of government departments and people in many countries around the world, and gradually developed into one of the core issues in the global political, economic and multi-industry fields. The laws and regulations on environmental protection adopted by international organizations and countries and the basic rules of market trade constitute the basis for applying environmental control supervision. The researchers adopted a systematic online search to identify journal articles, reports, and other relevant documents related to the market trade and environmental protection. The online search was done mainly on Google, Google Scholar and Bing to retrieve related documents on market trade and environmental protection. The study unraveled a complex relationship between market trade and environmental protection, and the international community has paid too much attention. Foreign trade policy aims to avoid the development of a new market trade restriction and implementation program, protect market trade, eliminate the existing barriers to the market trade, restrict market trade laws and regulations, and finally achieve the way to increase the effectiveness of market trade. Therefore, environmental protection and market trade are two systems, and it is a core contradiction to abide by which fundamental principles are observed. To solve and deal with the relationship between market trade and the environment, it must redefine the relevant influencing factors in these two systems. The researchers suggested that through the coordination of management, there should be a careful study from the experience of relevant organizations, such as the European Union, NAFTA, OECD and then put forward specific ideas for coordinated management.

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“…In the case of China, one of the main world polluters currently, a proposal has been made to go further than the polluter payment towards the stricter "causer responsibility principle" [11]. The debate over how to modify the economic regime is still ongoing [12], public procurement being among the most effective ways in which more sustainable practices can be implemented [13].…”

Section: Introductionmentioning

confidence: 99%

Differences in Electricity Generation from Renewable Sources from Similar Environmental Conditions: The Cases of Spain and Cuba

et al. 2020

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In order to achieve the objectives set by the Sustainable Development Goals and the Paris agreement, the legislative framework that is developed at the national and regional level must be appropriate. Research has focused on the importance of environmental policies to stimulate renewable energy demand and has also highlighted the existence of legal regimes more inclined to preserve the current model of dependence on fossil fuels. The main aim of this paper is to observe the impact of different regulation framework in the use of renewable energies in electricity generation. The choice of Spain and Cuba was based on several reasons: first, they present different models of legal regulations for renewable energies, with more centralized power in the case of Cuba and more influence of supranational institutions in the case of Spain; second, they have similarities regarding their productive model (highly dependent on hydrocarbons as sources of electricity generation) and the high potential for electricity generation with renewable energies thanks to their rich natural endowment that could favor energy generation from sources like the sun, wind and water; finally, both countries face a global situation where they could take advantage of this cost-cutting moment, and therefore, of electricity tariffs, to propose a sustainable model of electricity generation based exclusively on renewable energies. The conclusions show that Spain can become a role model to improve the Cuban system, given that the European and Spanish “green” positions can be very useful in developing Cuba’s future energy model based on renewables. The existing ties between the Caribbean country, Spain and the European Union (EU) should be the basis to support a model for which Cuba has an outstanding endowment of natural resources and where the similarities with Spain can generate synergies based on the European experience.

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(Un)Sustainable Development(s) in International Economic Law: A Quest for Sustainability

Cited by 15 publications

References 62 publications

Sustainable Development in World Trade Law: Application of the Precautionary Principle in Korea-Radionuclides

Sustainable Development in World Trade Law: Application of the Precautionary Principle in Korea-Radionuclides

World Trade Organisation System

Differences in Electricity Generation from Renewable Sources from Similar Environmental Conditions: The Cases of Spain and Cuba

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