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In: Public Participation and Foreign Investment Law
Author: Elena Cima

This chapter explores whether incorporating environmental provisions in the text of free trade agreements represents a possible approach to facilitate trade in renewable energy goods, services, and technologies, and create a more favourable environment for renewables. The chapter first provides a taxonomy of the main techniques used by countries to include renewable energy provisions in the text of their bilateral and regional trade agreements, focusing in particular on the United States and the European Union, and investigates to what extent their texts distance themselves from wto agreements. The analysis of the legal implications of the diverse and evolving techniques used by ftas to incorporate renewable energy within their texts is framed within a broader theory of the evolution of the narrative underlying the trade and environment nexus. The evolution of environmental provisions in text of free trade agreements shows that, over time, the space devoted to environmental and renewable energy considerations in trade agreements has not only expanded but, more importantly, it has significantly changed, reflecting the evolution of trade agreements which are less and less simply trying to accommodate environmental concerns but rather becoming important instruments to ensure the effective advancement of environmental goals.

In: A Multifaceted Approach to Trade Liberalisation and Investment Protection in the Energy Sector
In: From Exception to Promotion
In: From Exception to Promotion
In: From Exception to Promotion
In: From Exception to Promotion
In: From Exception to Promotion
In: From Exception to Promotion
Re-Thinking the Relationship between International Trade and Environmental Law
Author: Elena Cima
From Exception to Promotion: Re-Thinking the Relationship between International Trade and Environmental Law tells a new, unconventional story of the nexus between international trade and environmental law - a story in which the keyword is synergy rather than conflict, and where the trade regime was always meant for something greater than simply trade liberalization. This ‘something greater’ was peace in the first half of the 20th century. Today, it is sustainable development, environmental protection, and social inclusion. Environmental protection is therefore neither antithetical to the overarching purpose of the trading system nor simply a ‘non-trade’ issue to be incorporated within the trade regime, but rather part of its very nature and purpose. By telling this ‘untold’ story of the nexus, this book intends to raise historical awareness and open a constructive discussion on the future of the trade regime and of international economic law governance at large.
In A Multifaceted Approach to Trade Liberalisation and Investment Protection in the Energy Sector, Elena Cima and Makane Moïse Mbengue bring together leading academics and practitioners to discuss the most significant challenges faced by trade liberalization and investment protection in the energy sector. At the same time, they address the environmental and human rights issues that often underlie these challenges, in a skillful attempt to bridge the gap between these different perspectives and ultimately pave the way to a multi-faceted and comprehensive approach to the subject matter.