Emerging Issues in Sustainable Development: International Trade Law and Policy Relating to Natural Resources, Energy, and the Environment (Economics, Law, and Institutions in Asia Pacific)

La 4e de couverture indique : "This book seeks to answer the questions: how do the rules of international treaties on trade and investment apply to the new laws and policies relating to energy-related trade, and do the rules of the multilateral system contribute to or detract from sustainable development? An emerging set of new problems in the law of international trade is how to reconcile the rules of the multilateral trading system with shortages of certain natural resources and the necessity to develop renewable energy resources. The chapters in this book provide a comprehensive analysis of the international trade issues presented by national trade laws and policies with regard to natural resources and energy. This book is about the extent to which we are interpreting existing rules to cover emerging problems and how the rules of the multilateral trading system can be adapted to achieve sustainable development in natural resources and energy. The book begins with a survey of selected national laws relating to recent restrictions on the export of natural resources, both resources used to produce energy as well as natural resources essential for industrial production. After examining the range of such laws in selected important countries, we turn to the application of the rules of the multilateral trading system to such export restrictions. We discuss the major rules of the World Trade Organization (WTO) as well as the natural resources rules in selected regional preferential free trade agreements. While there is not a comprehensive global legal regime on competition law, we believe it is also important to examine how selected national competition laws impact export restrictions on natural resources. This book will be a major contribution to the international dialogue on international economic law issues with respect to trade in natural resources and energy." Front Matter....Pages i-xix Front Matter....Pages 1-1 Natural Resources and Energy Regulation in Australia: The Energy White Paper in Context....Pages 3-25 Legal System of Natural Resources Protection in China: GATT 20 and China’s Export Limits on Resources....Pages 27-40 Law and Policy on Mineral Resources in Mongolia: Seeking Inescapable Stability....Pages 41-57 Natural Resources Regime in India: Impact on Trade and Investment....Pages 59-76 Front Matter....Pages 77-77 A Note on the China Rare Earths Case....Pages 79-98 The World Trade Organization and Export Restrictions....Pages 99-137 Reforming WTO Discipline on Export Duties: Sovereignty Over Natural Resources, Economic Development and Environmental Protection....Pages 139-182 Front Matter....Pages 183-183 Free Trade Agreements and Natural Resources....Pages 185-210 Comment to Chapter “Free Trade Agreements and Natural Resources”....Pages 211-218 Front Matter....Pages 219-219 The Iron Ore Production Joint Venture Between Rio Tinto and BHP Billiton: The European Angle of a Multinational Antitrust Review....Pages 221-243 Putting Limits on Extra-Territorial Coverage of Competition Laws in the Age of Global Supply Chains: Comparison of the US and Japan....Pages 245-255 Front Matter....Pages 257-257 Special Agreements and Energy: Filling the Gaps....Pages 259-277 Energy Charter Treaty: Standing Out Beside the WTO....Pages 279-288 Changes in Cycles and Risks of Circumvention? Comments to Chapter “Special Agreements and Energy: Filling the Gaps”....Pages 289-293 Front Matter....Pages 295-295 The Climate-Trade Conundrum: A Critical Analysis of the WTO’s Jurisprudence on Subsidies to Renewable Energy....Pages 297-319 Export Restraints of Natural Resources and the SCM Agreement....Pages 321-341 Subsidies Issues in Renewable Energy Trade....Pages 343-352 Front Matter....Pages 353-353 International Energy Trade and Investor-State Arbitration: What Role for Sustainable Development?....Pages 355-376 Comment to “International Energy Trade and Investor-State Arbitration”....Pages 377-380 Front Matter....Pages 381-381 Climate Change, Trade, and Investment Law: What Difference Would a Real Responsibility to Protect Make?....Pages 383-397 Front Matter....Pages 381-381 Comments to “Climate Change, Trade, and Investment Law. What Difference Would a Real Responsibility to Protect Make?”....Pages 399-402 This Book Seeks To Answer The Questions: How Do The Rules Of International Treaties On Trade And Investment Apply To The New Laws And Policies Relating To Energy-related Trade, And Do The Rules Of The Multilateral System Contribute To Or Detract From Sustainable Development? An Emerging Set Of New Problems In The Law Of International Trade Is How To Reconcile The Rules Of The Multilateral Trading System With Shortages Of Certain Natural Resources And The Necessity To Develop Renewable Energy Resources. The Chapters In This Book Provide An...analysis Of The International Trade Issues Presented By National Trade Laws And Policies With Regard To Natural Resources And Energy. This Book Is About The Extent To Which We Are Interpreting Existing Rules To Cover Emerging Problems And How The Rules Of The Multilateral Trading System Can Be Adapted To Achieve Sustainable Development In Natural Resources And Energy. The Book Begins With A Survey Of Selected National Laws Relating To Recent Restrictions On The Export Of Natural Resources, Both Resources Used To Produce Energy As Well As Natural Resources Essential For Industrial Production. After Examining The Range Of Such Laws In Selected Important Countries, We Turn To The Application Of The Rules Of The Multilateral Trading System To Such Export Restrictions. [the Authors] Discuss The Major Rules Of The World Trade Organization (wto) As Well As The Natural Resources Rules In Selected Regional Preferential Free Trade Agreements. While There Is Not A Comprehensive Global Legal Regime On Competition Law, [the Authors] Believe It Is Also Important To Examine How Selected National Competition Laws Impact Export Restrictions On Natural Resources.-- Part I, Law And Policy On Natural Resources In Selected Asian Countries -- Part Ii, Export Restrictions And Wto Agreements -- Part Iii, Free Trade Agreements And Natural Resources -- Part Iv, Competition Law Issues Relating To Exportation Of Natural Resources -- Part V, Special Agreements And Energy -- Part Vi, Subsidy Issues In Renewable Energy Trade -- Part Vii, Energy Trade And Investment Treaties -- Part Viii, Environmental Issues: Climate Change And Trade/investment. Mitsuo Matsushita, Thomas J. Schoenbaum, Editors. Includes Bibliographical References. "This book seeks to answer the questions: how do the rules of international treaties on trade and investment apply to the new laws and policies relating to energy-related trade, and do the rules of the multilateral system contribute to or detract from sustainable development? An emerging set of new problems in the law of international trade is how to reconcile the rules of the multilateral trading system with shortages of certain natural resources and the necessity to develop renewable energy resources. The chapters in this book provide an...analysis of the international trade issues presented by national trade laws and policies with regard to natural resources and energy. This book is about the extent to which we are interpreting existing rules to cover emerging problems and how the rules of the multilateral trading system can be adapted to achieve sustainable development in natural resources and energy. The book begins with a survey of selected national laws relating to recent restrictions on the export of natural resources, both resources used to produce energy as well as natural resources essential for industrial production. After examining the range of such laws in selected important countries, we turn to the application of the rules of the multilateral trading system to such export restrictions. [The authors] discuss the major rules of the World Trade Organization (WTO) as well as the natural resources rules in selected regional preferential free trade agreements. While there is not a comprehensive global legal regime on competition law, [the authors] believe it is also important to examine how selected national competition laws impact export restrictions on natural resources."-- Back cover