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.
Elena Cima, Ph.D, IHEID, is a Lecturer in International Energy Law at the University of Geneva. She has recently co-edited the book A Multifaceted Approach to Trade Liberalisation and Investment Protection in the Energy Sector (Brill, 2021) and has published in peer-reviewed journals.
List of Illustrations
Table of Cases
Table of Treaties and Legislations
Table of Documents
1Introduction 1 Vantage Points
2 The Untold Story of the Trade/Environment Nexus
Transcending the ‘Trade and …’ Debate
The Importance of Historical Inquiry
3 The Hidden Thread
Trade Is a Means to an End
The International Trade Regime Is Historically Contingent 3.2.1 The Emergence of Free Trade thought—The 1850s
3.2.2 Post-war Economic Reconstruction and the gatt
3.2.3 The 1980s and the wto project
3.2.4 A New Rationale?
Individuals and Communities Contribute to Changes in Collective Ideas 3.3.1 Right Conditions, Right Environment
3.3.2 The Trade Policy Elite: The Creation of an Environment Un-Conducive to Learning and Change
3.3.3 Making Learning Possible
4 What Lies Ahead
Structure of the Book
2First Came Economic Cooperation The Genesis of the Nexus 1 The Moral Value of Trade and the Need for International Trade Cooperation
The Senator from Tennessee and the International Dimension of Trade Policy