Rethinking, Repackaging, and Rescuing World Trade Law in the Post-Pandemic Era

by Amrita Bahri (Editor), Weihuan Zhou (Editor), Daria Boklan (Editor)

Overview

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.

Product Details

ISBN-13:	9781509951703
Publisher:	Bloomsbury Publishing
Publication date:	08/26/2021
Series:	Studies in International Trade and Investment Law
Sold by:	Barnes & Noble
Format:	eBook
Pages:	352
File size:	681 KB

About the Author

Amrita Bahri is Assistant Professor of International Trade Law at ITAM, Mexico.
Weihuan Zhou is Senior Lecturer and Member of the Herbert Smith Freehills China International Business and Economic Law Centre, Faculty of Law, UNSW Sydney, Australia.
Daria Boklan is Professor of International Law at the Faculty of Law, National Research University Higher School of Economics, Moscow, Russia.
Amrita Bahri is Assistant Professor of International Trade Law at the Instituto Tecnológico Autónomo de México and Co-Chair Professor for the WTO Chair Program (Mexico). Amrita is the Founding Chair of the International Trade and Investment Law Research Group (Law Schools Global League, LSGL) and Founding Member of the South Asian International Economic Law Network (SAIELN). She has a PhD in International Trade Law from the University of Birmingham and an LLM in International Business Law from the London School of Economics.

Amrita has published in the areas of international trade law, WTO dispute settlement, public private partnership for capacity-building in emerging economies, regional trade and gender justice. She has authored the monograph Public Private Partnership for WTO Dispute Settlement: Enabling Developing Countries (2018). Her academic articles have been published in prestigious journals including the Journal of International Economic Law, World Trade Review, Journal of World Trade, Trade, Law&Development, Global Trade&Customs Journal, and the Journal of International Trade Law&Policy. Working with ITC's team, Amrita has designed the very first framework to measure gender-responsiveness of free trade agreements. She explains this framework in ITC's policy paper titled Mainstreaming Gender in Free Trade Agreements.
Weihuan Zhou is Associate Professor, Director of Research, and an inaugural member of the Herbert Smith Freehills China International Business and Economic Law (CIBEL) Centre at the Faculty of Law and Justice, UNSW Sydney, Australia.

His research explores the most current and controversial issues in the field of international economic law (IEL), particularly the nexus between international trade law and China. His work has appeared in all top journals in the field and in some of the best journals in the broader field of international law (such as the American Journal of International Law and International&Comparative Law Quarterly). His work has been cited widely, including in European Parliament briefings and reports of the Parliament of Australia and Australia's Productivity Commission, and by leading scholars in the field.

Dr Zhou has taken a number of senior roles internationally, including a former Executive Council Member and currently co-Secretary of the Society of International Economic Law (SIEL). Dr Zhou is a qualified lawyer in Australia and consults for governments and major companies on trade remedy cases and other cross-border trade issues as well as general commercial and foreign investment matters.
Daria Boklan is Professor of International Law at the Faculty of Law, National Research University Higher School of Economics, Moscow, Russia. She teaches WTO law, international environmental law and general international law.

Professor Boklan is the Chair of the International Trade and Investment Law Research Group of the Law Schools Global League and Convener of the Interest Group on International Environmental Law of the European Society of International Law. She has been a member of the expert group drafting the Treaty on the Eurasian Economic Union. Professor Boklan has written two monographs and more than 50 academic articles, which have been published in prestigious journals such as the World Trade Review, Journal of World Energy and Business Law, Environmental Earth Science and the Russian Law Journal.

Table of Contents

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 Poncibò (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)

Editorial Reviews

This book reinforces the importance of the multilateral trading system and provides thought-provoking reflections on the future regulation of international trade given many of the contemporary issues we are grappling with such as the recovery from the pandemic and the need to better reflect sustainability concerns in our trade discourse. A very timely intervention, and a must read.” —Pamela Coke-Hamilton, Executive Director, International Trade Centre, Switzerland

“At a time when the World Trade Organization is much in need of new ideas for reform and modernization, the authors of this book offer ideas aplenty ... This collection of essays by leading scholars from throughout the world will be of immense benefit to trade negotiators and to other trade policymakers as they strive to write new and improved rules for world trade while also ensuring that trade affirmatively supports health, environment, and the other Sustainable Development Goals of the United Nations.” —James Bacchus, Distinguished University Professor of Global Affairs, University of Central Florida, USA

“The WTO is at a crossroads. After years of embattlement, there is an opportunity to update its framework, reinstitute the dispute settlement mechanism and improve the way in which the organization works. Creative and innovative ideas are needed to move forward. This book explores just that ... For all those interested in enhancing global trade cooperation and strengthening the multilateral rules-based system, this is a not-to-be-missed book.” —Anabel González, Deputy Director General, World Trade Organization; Former Trade Minister, Costa Rica

From the Publisher