Rethinking, Repackaging, and Rescuing World Trade Law in the Post-Pandemic Era (Studies in International Trade and Investment Law)

This book explores the ways to ‘rethink’, ‘repackage’ and ‘rescue’ world trade law in the post-COVID-19 era. Using the COVID-19 pandemic as an important context, the book makes original and critical contributions to the growing debate over a range of emerging challenges and systemic issues that might change the landscape of world trade law in the years to come. The book asks: do these unprecedented times and challenges call for reengineering the world trading system and a further retreat from trade liberalisation? The authors offer a rigorous and insightful analysis of whether and how the existing trade institutions and/or rules, including their latest developments, may provide room to deal with pandemic-induced trade-related issues, sustainable development goals, future crises and other existential threats to the multilateral trading system. The book reinforces the importance of international cooperation and the pressing need to reinvigorate the world trading system. The pandemic has provided a unique opportunity for governments to rebuild the political will needed for such cooperation. One should never let a serious crisis go to waste. Studies in International Trade and Investment Law: Volume 25 Foreword Acknowledgements Contents About the Contributors List of Abbreviations List of WTO Panel and Appellate Body Reports 1. Rethinking, Repackaging and Rescuing World Trade Law in the Post-Pandemic Era I. Introduction II. The WTO and the Pandemic: Fundamental Challenges for International Trade Regulation III. The Aim and Structure of this Book IV. The Way Forward PART I: RETHINKING WORLD TRADE LAW AND THE PANDEMIC 2. An Overview of Trade-Related Measures Taken by WTO Members During the COVID-19 Pandemic and a Few Reflections Thereon I. Introduction II. Trade Restrictions III. Trade-Facilitating Measures IV. Subsidies V. Transparency Requirements VI. Conclusion 3. Export Restrictions on Food Commodities During the COVID-19 Crisis: Implications for Food Security and the Role of the WTO I. Introduction II. COVID-19 and Food Security III. Rationale and Effects of Export Restrictions on Food Commodities IV. WTO Rules Governing Export Restrictions on Food Commodities V. Conclusions 4. Time to Reform the Non-Actionable Subsidy Rules in the WTO: The COVID-19 Subsidies and Beyond I. Introduction II. Are Current Covid-19 Subsidies Prohibited/Actionable? III. The Rationales to Justify Covid-19 Subsidies IV. A Preliminary Proposal: A New 'Non-Actionable Subsidy' Category V. Conclusion 5. Rethinking WTO DSB Jurisdiction in Light of Pandemic, Climate Change and Other Evolving Threats I. Introduction II. DSB Background and Jurisprudence III. COVID-19 Pandemic and Pandemic Recovery: Impacts on Trade and Trade Law IV. Rethinking the WTO DSB for Current and Future Threats V. Conclusion 6. The WTO and Brazil’s Trade Responses Amid the Pandemic: Can Transparency Overcome Populism? I. Introduction: International Trade and Trade Policies Matter II. National Trade Policy Responses to COVID-19 III. The Value of Transparency and Technical Work in a Pandemic IV. Brazil as a 'Case Study': Trade-Related Regulatory Measures in Support of Health Policies V. Final Remarks PART II: REPACKAGING WORLD TRADE LAW AND SUSTAINABLE DEVELOPMENT 7. Trade and UN SDGs 2030: The Interplay between Public International Law and Contract Law I. Setting the Scene II. Trade and Sustainability from the Perspective of Public International Law III. Trade and Sustainability from the Perspective of Contract Law IV. Concluding Thoughts: Interplay of Public International Law and Contract Law 8. Combating Climate Change under the WTO: Exploring the Relevance of Process and Production Methods I. Introduction II. 'Likeness' and PPMS in the WTO Jurisprudence III. Carbon Taxes Based on PPMS IV. Can PPMS Relating to Combating Climate Change be Justified under GATT Article XX? V. Carbon Labelling and PPMS VI. Conclusion 9. The EU Green Deal and International Trade Law: Bringing Trade and Sustainability Together I. Introduction II. Green Deal and European Trade Law Framework III. Green Deal and WTO Law IV. Regional Agreements, WTO and the Green Deal V. Conclusion 10. Gender Mainstreaming in Free Trade Agreements: What have We Achieved, and What More is Needed for Inclusive Post-Pandemic Recovery? I. Introduction II. 'Building Back Better' after COVID-19: Can Free Trade Agreements Help? III. Best Practice Examples: North America and the EU IV. Putting Gender Equality Provisions into Action V. Conclusion PART III: RESCUING WORLD TRADE LAW AND OTHER FUNDAMENTAL CHALLENGES 11. The Current State of Dispute Settlement at the WTO: How did We Get Here and What Next? I. Introduction II. History and Benefits of the Appellate Body III. The US Complaints Bring Appeals to a Halt IV. Requiem for the Appellate Body V. MPIA as a Single Possible Solution VI. Reactions to the MPIA Proposal VII. Conclusion: Many Questions and a Few Answers 12. Precedent in the MPIA: What Role for Consistency and Predictability? I. Introduction II. The Text of the MPIA and the Treatment of Prior Reports III. Precedent in the MPIA: A Two-Fold Analysis IV. Conclusions 13. Is the Phase One Deal the Emergence of a ‘New Generation’ of Bilateral Trade Agreements that Challenge the WTO? I. Introduction II. The 'Expanding Trade' Chapter, the Diversion of Trade and its WTO Consistency III. The Phase One Deal and the Legal Implications of Not being Characterised as a Regional Trade Agreement Pursuant to the Relevant WTO Provisions IV. Conclusions 14. China’s Response to the ‘Market-Oriented Conditions’ Proposal for WTO Reform and its Implications in the (Post-) COVID-19 Era I. Introduction II. The Concerns behind the 'Market-Oriented Conditions' Proposal III. The Response at the Level of Specific Legal Instruments IV. The Response at the Level of Institutions of Political Economy V. The Response at the Level of Underlying Ideology VI. Conclusion 15. Winning Strategy or Own Goal? Reflections on the United States Exiting the Trans-Pacific Partnership I. Introduction II. From P-4 to TPP III. The TPP Negotiations and US Politics IV. Criticism of the TPP V. Withdrawal from the TPP: Time did not Stand Still VI. From TPP to CPTPP VII. A CPTPP without the US: Good Call or Missed Opportunity? VIII. Conclusion Index 1. Introduction: Rethinking, Repackaging and Rescuing World Trade Law in the Post-Pandemic Era Weihuan Zhou (UNSW, Australia), Amrita Bahri (ITAM, Mexico) and Daria Boklan (National Research University Higher School of Economics, Russia) Part I - Rethinking World Trade Law and the Pandemic -- 2. An Overview of Trade-Related Measures Taken by WTO Members during the COVID-19 Pandemic and a Few Reflections Thereon Jan Bohanes (Advisory Centre on WTO Law, Switzerland) -- 3. Export Restrictions on Food Commodities during the COVID-19 Crisis: Implications for Food Security and the Role of the WTO Ilaria Espa (University of Lugano, Switzerland) -- 4. Time to Reform the Non-Actionable Subsidy Rules in the WTO: The COVID-19 Subsidies and Beyond Ru Ding (Chinese University of Political Science and Law, China) -- 5. Re-Thinking WTO DSB Jurisdiction in Light of the Pandemic, Climate Change and Other Evolving Threats Alexandra Harrington (Albany Law School, USA) -- 6. The WTO and Brazil's Trade Responses amid the Pandemic: Can Transparency Overcome Populism? Michelle Ratton Sanchez Badin (Getulio Vargas Foundation, Brazil) and Magali Fernandes (Getulio Vargas Foundation, Brazil) Part II - Repackaging World Trade Law and Sustainable Development -- 7. Trade and UN SDGs 2030: The Interplay between Public International Law and Contract Law Lorenza Mola (University of Turin, Italy) and Cristina Poncib ̣(University of Turin, Italy) -- 8. Combating Climate Change under the WTO: Exploring the Relevance of Process and Production Methods Daria Boklan (National Research University Higher School of Economics, Russia) -- 9. The EU Green Deal and International Trade Law: Bringing Trade and Sustainability Together Luana Almeida (CLOO Behavioral Insights Unit, Portugal) -- 10. Gender Mainstreaming in Free Trade Agreements: What Have We Achieved, and What More Is Needed for Inclusive Post-Pandemic Recovery? Amrita Bahri (ITAM, Mexico) Part III - Rescuing World Trade Law and Other Fundamental Challenges -- 11. The Current State of Dispute Settlement at the WTO: How Did We Get Here and What Next? Jan Yves Remy (Shridath Ramphal Centre for International Trade Law, Policy and Services, Barbados) -- 12. Precedent in the MPIA: What Role for Consistency and Predictability? Mariana Clara de Andrade (University of Milano-Bicocca, Italy) -- 13. Is the Phase One Deal the Emergence of a 'New Generation' of Bilateral Trade Agreements that Challenge the WTO? Maria Manuela Moccero (Ministry of Foreign Affairs, Argentina) -- 14. China's Response to the 'Market-Oriented Conditions' Proposal for WTO Reform and its Implications in the Era of (Post-) COVID-19 Luyao Che (Chinese University of Political Science and Law, China) -- 15. Winning Strategy or Own Goal? Reflections on the United States Exiting the Trans-Pacific Partnership Meredith Kolsky Lewis (University at Buffalo, USA) "This book explores the ways to 'rethink', 'repackage' and 'rescue' world trade law in the post-COVID-19 era. Using the COVID-19 pandemic as an important context, the book makes original and critical contributions to the growing debate over a range of emerging challenges and systemic issues that might change the landscape of world trade law in the years to come. The book asks: do these unprecedented times and challenges call for reengineering the world trading system and a further retreat from trade liberalisation? The authors offer a rigorous and insightful analysis of whether and how the existing trade institutions and/or rules, including their latest developments, may provide room to deal with pandemic-induced trade-related issues, sustainable development goals, future crises and other existential threats to the multilateral trading system. The book reinforces the importance of international cooperation and the pressing need to reinvigorate the world trading system. The pandemic has provided a unique opportunity for governments to rebuild the political will needed for such cooperation. One should never let a serious crisis go to waste."-- Provided by publisher