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13th EDITION –  SUMMER INSTITUTE IN CHINA 2018 – EXECUTIVE EDUCATION TRAINING PROGRAM

The Deadline for the application to the Summer Institute in China 2018 is scheduled on October 31, 2017

Queries can be addressed to : info@summerlawinstitute.com

THE NEW WEBSITE OF THE SUMMER INSTITUTE IS OPEN http://summerlawinstitute.com/

Picture Bye Picture under the Chinese Flag Picture with all the Participants to the Edition 2014 Picture with Flag Picture with the International Fellows and Young REsearchers

The Edition 2018 of the Summer Institute in China – Executive Education Training Program coordinated by West Virginia University, John D. Rockefeller IV School of Policy and Politics (WV, USA) and gLAWcal – Global Law Initiatives for Sustainable Development (United Kingdom) will be held in Beijing (China) from June 23 to July 21, 2018 (IP-China and SICCEP).

West Virginia University, John D. Rockefeller IV School of Policy and Politics (WV, USA), gLAWcal – Global Law Initiatives for Sustainable Development (United Kingdom) have set up a Summer Institute in China – Executive Education Training Program to be held in Beijing (China) with two parallel curricula to be held in two different terms.

This program is organized in partnership with University of Calgary Law School (Canada), University of Provence Aix Marseille I – CNRS Centre of Comparative Epistemology and Ergology (France), Universidad Carlos III de Madrid (Spain), University of Eastern Piedmont Faculty of Economics (Italy), University of Pavia, Faculty of Law (Italy), University of Verona, Department of Law  (Italy) (See: https://paolofarah.wordpress.com/summer-schools-in-china)

This program is multidisciplinary and is aimed at students, young graduates and senior professionals with a background in law, political sciences, international relations, philosophy, economics, environmental sciences, engineering and any other relevant discipline that can be related to the topics of the program.

The first curriculum is called “Summer Institute on Climate Change and Environmental Protection” (SICCEP) or more precisely Law, Policy, Economics and Technology on Climate Change and Environmental issues: European and Chinese Perspectives. It addresses issues such as energy policies, environment law and sustainable development, intellectual property and technology innovation. The second curriculum is called “Summer Institute on Intellectual Property Rights and China(IP-China). The participants (students and professionals) who will enroll in all the scheduled courses and seminars will receive the certificates for both curricula. It is an innovative program that takes into account the training demands of young professionals on these issues, drawing on relevant curricula received from international organizations and the private sector.

Previous editions of the program and both the curricula were approved by the Italian National Bar Association (Rome) with 24 credits valid for lawyers and practicing lawyers.

For undergraduate and graduate students, based on the number of hours of lecturers, preparatory academic materials and practical activities, this summer school is equivalent at least to one semester program.

The summer course will include the following topics:

1) Introduction to Chinese Law, Institutions & Politics – IP-CHINA and SICCEP curricula

2) Introduction to Chinese Intellectual Property Law and Technology Transfer – IP-CHINA curriculum

3) Guest Speaker Module – Chinese Law and Intellectual  Property Law: Lawyers and Practitioners Perspective – IP-CHINA curriculum

4) Environment, Science, and Society: a Philosophical Introduction – SICCEP curriculum

5) Law, Policy, and Economics of Climate Change – SICCEP curriculum

6) NUDGING THE DRAGON? Environmental policy making and behaviour change in China – SICCEP curriculum

7) Guest Speaker Module – Sustainable Development,  Climate Change and Environmental Protection: an On-the-Field Perspective – SICCEP curriculum

The courses listed can be subject to variations

For further information please visit the webpage:

https://paolofarah.wordpress.com/summer-schools-in-china/

The Deadline for the application to the Summer Institute in China 2018 is scheduled on OCTOBER 31, 2018

Queries can be addressed to : info@summerlawinstitute.com

THE WEBSITE OF THE SUMMER INSTITUTE IS AT THE FOLLOWING WEBPAGEhttp://summerlawinstitute.com/

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Paolo Davide Farah, Elena Cima (editors), CHINA’S INFLUENCE ON NON-TRADE CONCERNS IN INTERNATIONAL ECONOMIC LAW, Global Law and Sustainable Development, gLAWcal Book Series, Routledge Publishing (London/New-York), ISBN 978-1-4094-4848-8, September 2016, pp. 1 – 584

Book Cover ONE PAGE

 

Book Cover Final

https://www.routledge.com/Chinas-Influence-on-Non-Trade-Concerns-in-International-Economic-Law/Farah-Cima/p/book/9781409448488

Cover, Table of Contents, Forewords, Introduction and Acknowledgements can be downloaded at the following website:

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2876883

‘A timely, innovative and insightful book that addresses a wide range of vitally important contemporary concerns of global reach ranging from climate change to food security to China’s role in Africa through the lens of non-trade issues. The editors and contributors are to be congratulated for cutting edge scholarship with real world significance.’

Randy Peerenboom, La Trobe University Melbourne, Australia

‘China’s growing role in the WTO, both because of its involvement in numerous disputes and as a full participant to its overall activities, and China’s active engagement in multilateral and regional law making concerning environmental, social and economic matters generally makes this volume quite timely. The contributors cover a wide spectrum of issues making this publication an indispensable tool for all those concerned in current problems of the global economy.’

Giorgio Sacerdoti, Bocconi University, Italy, and former Chairman of the WTO Appellate Body

China’s Influence on Non-Trade Concerns in International Economic Law, edited by Paolo Farah and Elena Cima, is a most timely book on an important issue. This book is impressive both because of the breadth and depth of the topics addressed. For anyone interested in the future of the multilateral trading system, this book will be a very interesting and at times provocative read.’

Peter Van den Bossche, Member, Appellate Body, World Trade Organization

‘This is really a “masterwork” which has appeared at the “right time” on the “right topic”. The book assesses China’s development on non-trade concerns within the context of the WTO by use of global justice and sustainable development principles. It is a great collection which critically examines China from multiple perspectives.’

Minyou Yu, Wuhan University, China

China’s Influence on Non-Trade Concerns in International Economic Law

This volume examines the range of Non-Trade Concerns (NTCs) that may conflict with international economic rules and proposes ways to protect them within international law and international economic law. Globalization without local concerns can endanger relevant issues such as good governance, human rights, right to water, right to food, social, eco­nomic, cultural and environmental rights, labor rights, access to knowledge, public health, social welfare, consumer interests and animal welfare, climate change, energy, environmental protection and sustainable development, product safety, food safety and security. Focusing on China, the book shows the current trends of Chinese law and policy towards international standards. The authors argue that China can play a leading role in this context: not only has China adopted several reforms and new regulations to address NTCs; but it has started to play a very relevant role in international negotiations on NTCs such as climate change, energy, and culture, among others. While China is still considered a developing country, in particular from the NTCs’ point of view, it promises to be a key actor in international law in general and, more specifically, in international economic law in this respect. This volume assesses, taking into consideration its special context, China’s behavior internally and exter­nally to understand its role and influence in shaping NTCs in the context of international economic law.

Notes on Editors

Paolo Davide Farah teaches climate change, trade, energy, and environmental law and policy at West Virginia University, John D. Rockefeller IV School of Policy and Politics, Department of Public Administration and College of law, USA. He has variously taught classes on public international law, international economic law and WTO law, European Law, Comparative law, and Chinese law in Italy, in the UK (as Senior Lecturer), USA and China (as Visiting Professor). He was a Visiting Scholar (2011–2012) at Harvard Law School, East Asian Legal Studies Program, a Fellow (2004–2005) at the Institute of International Economic Law (IIEL), Georgetown University Law Center, Washington DC, USA. He is Director of Research of gLAWcal – Global Law Initiatives for Sustainable Development (www.glawcal.org.uk) and is Principal Investigator for EU Commission research projects in collaboration with Russian, Japanese and Chinese Universities such as Tsinghua University, Peking University, Beijing Normal University (BNU), Wuhan University, China–EU School of Law (CESL), Beijing Foreign Studies University (BFSU), East China of University of Political Sciences and Law (ECUPL), Shanghai JiaoTong University (SJTU), Tongji University.

He was individually awarded of the Science and Technology Fellowship (STF) Program in China funded by the European Union and the European Commission Delegation to China and Mongolia. He was also EU Commission Marie Curie Fellow at Tsinghua University School of Law, THCEREL – Center for Environmental, Natural Resources and Energy Law in Beijing (China) and at the Department of Philosophy, at the CRAES – Chinese Research Academy on Environmental Sciences in Beijing (China), at Peking University School of Government and at Beijing Normal University Department of Business and Economics.

As Scientific Director, since 2006, he has been coordinating the Summer Law Institute in China – Executive Education Training Program (www.summerlawinstitute.com) held in China.

He was an International Consultant and Legal Advisor for projects implemented for the United Nations Development Program, for the Italian Ministry of Economic Development and Commerce and for the OECD. He is an Appointed Member of the International Law Association – ILA Committee on Sustainable Development and the Green Economy in International Trade Law and of the ILA Committee on the Role of International Law in Sustainable Natural Resource Management for Development.

He has previously worked at the Legal Affairs Division of the World Trade Organization in Geneva and was an Associate Lawyer of Baker and McKenzie Law Firm, Milan, Italy. He is an expert in the interaction between trade, economic globalization, and NTCs, such as sustainable development, energy, environment, and human rights, with a special focus on China and other Asian countries.

He graduated with a Maitrise in International and European Law from Paris Ouest La Defense Nanterre University (France), LLM in European Legal Studies from the College of Europe in Bruges (Belgium) and a Dual PhD in international law from Aix-Marseille University (France) and University of Milan (Italy).

Elena Cima is a PhD candidate in international law at the Graduate Institute of International Law and Development Studies in Geneva, where she also works for the LL.M Program in International Law. Her research interests include public international law, international trade law, international environmental law, energy law, and Chinese law.

Prior to starting her doctoral studies, she worked at Yale Law School as a research scholar and teaching assistant. Previously, she spent a year as a visiting scholar at Harvard Law School, at the Department of East Asian Legal Studies, where she first started working on Chinese law. Later, she moved to Beijing, where she was Marie Curie Fellow at Tsinghua University and Beijing Normal University and worked as a researcher for over two years on projects funded by the European Commission on energy trade and investment. In Beijing, she was part of the team managing the Summer Law Institute in China — Executive Education Training Program held in Beijing, while being a research associate for gLAWcal – Global Law Initiatives for Sustainable Development (United Kingdom). She is a member of the American branch of the International Law Association (ILA), for which she served as reporter. Her publications have focused on international trade law, energy law, and Chinese law and policy. She holds a Bachelor of Laws LLB, honored summa cum laude, from the University of Milan and an LL.M degree from Yale Law School.

Global Law and Sustainable Development Series editor: Paolo Davide Farah West Virginia University, USA and gLAWcal – Global Law Initiatives for Sustainable Development, UK This series provides a new focus on the relationship between international law, economy and trade, with special attention to what are commonly referred to as non-trade-related values and concerns. Through research and policy analysis the series sheds new light on a range of issues relating to good governance and human rights in the widest sense. It is held that the values supporting these issues are directly affected by the global expansion of world trade and need to be upheld in order to balance the excesses of globalization. Multidisciplinary in approach, the series integrates studies from scholars and researchers with a range of dif-ferent backgrounds and interdisciplinary expertise from law, economics, political science, and sociology through to history, philosophy and natural science.

 

China’s Influence on Non-Trade Concerns in International Economic Law

Edited by
Paolo Davide Farah
West Virginia University (USA)
&
gLAWcal – Global Law Initiatives for Sustainable Development (UK)

Elena Cima
Graduate Institute of International and Development Studies
(Switzerland)

First published September 2016

by Routledge

2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN

and by Routledge

711 Third Avenue, New York, NY 10017

Routledge is an imprint of the Taylor & Francis Group, an informa business

© 2016 selection and editorial matter, Paolo Davide Farah; individual chapters, the contributors

The right of the editors to be identified as the authors of the editorial material, and of the authors for their individual chapters, has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

British Library Cataloguing in Publication Data

A catalogue record for this book is available from the British Library

Library of Congress Cataloging in Publication Data

A catalog record for this title has been requested

ISBN: 978-1-4094-4848-8 (hbk)

ISBN: 978-1-315-57171-3 (ebk)

Typeset in Galliard

Paolo Davide Farah, Elena Cima (editors), CHINA’S INFLUENCE ON NON-TRADE CONCERNS IN INTERNATIONAL ECONOMIC LAW.  ROUTLEDGE PUBLISHING (330.000 words), ISBN 978-1-4094-4848-8, September 2016, pp. 1 – 584. Forewords by Professor Gianmaria Ajani, H. E. the Minister Gian Luca Galletti, Professor Gabrielle Marceau, H. E. the Minister Maurizio Martina

Table of Contents

List of Figures XII

List of Tables XIII

List of Abbreviations XIV

Notes on Editors XIX

Notes on Contributors XXI

Forewords in Alphabetical Order

Foreword by Professor Gianmaria Ajani XXVI

Foreword by H. E. the Minister Gian Luca Galletti XXIX

Foreword by Professor Gabrielle Marceau XXX

Foreword by H. E. the Minister Maurizio Martina XXXI

Acknowledgements XXXIII by Professor Paolo Davide Farah

 

  1. Introduction and Overview of the Book

Paolo Davide Farah

  1. The Development of Global Justice and Sustainable Development Principles in the WTO Multilateral Trading System through the Lens of Non-Trade Concerns: An Appraisal on China’s Progress

Paolo Davide Farah

 

PART I – Public Policy, International Trade & Foreign Direct Investment: The Role of States & Non State Actors in Economic Globalization

This Book Part I “Public Policy, International Trade, and Foreign Direct Investment: The Role of States and Non-State Actors in Economic Globalization” is participated by researchers funded by the Marie Curie IRSES of the European Union’s Seventh Framework Programme (FP7/2007–2013) under REA grant agreement nº 318908 Acronym of the Project: POREEN (2013–2016) entitled “Partnering Opportuni­ties between Europe and China in the Renewable Energies and Environmental Industries”, within the results coordinated by gLAWcal – Global Law Initiatives for Sustainable Development (United Kingdom).

  1. Economic Globalization and Social Rights: the Role of the International Labor Organization and the WTO

Claudio Di Turi

4. Multinational Corporations and Corporate Social Responsibility in a Chinese Context: An International Law Perspective

Angelica Bonfanti

  1. Rights Interest Litigation, Socio-Economic Rights and Chinese Labor Law Reform

Leïla Choukroune

  1. Law, Culture, and the Politics of Chinese Outward Foreign Investment

Valentina Sara Vadi

  1. Chinese Investment in Africa: Strengthening the Balance Sheet

Mark Klaver and Michael Trebilcock

PART II. Sustainable Development, Environmental Protection and Climate Change

This Book Part II “Sustainable Development, Environmental Protection, and Climate Change” is partici­pated by researchers funded by the Marie Curie IRSES of the European Union’s Seventh Framework Programme (FP7/2007-2013) under REA grant agreement n° 269327 – Acronym of the Project: EPSEI (2011–2015) entitled “Evaluating Policies for Sustainable Energy Investments” within the results coordi­nated by gLAWcal – Global Law Initiatives for Sustainable Development (United Kingdom).

  1. Soft, Complex and Fragmented International Climate Change Practice: What Implications for International Trade Law?

Francesco Sindico, Julie Gibson

  1. The Principle of Common but Differentiated Responsibilities in the International Regime of Climate Change

Imad Ibrahim, Thomas Deleuil, Paolo Davide Farah

  1. The Kyoto Protocol: Carbon Pricing and Trade Prospects. The Clean Development Mechanism from the Perspective of the Developing Countries

Marion Lemoine

  1. The Role of Domestic Policies in Fostering Technology Transfer: Evidence from China
  • Elena Cima
  1. China’s Environmental Legislation and Its Trend Towards Scientific Development

He Weidong

  1. Research on the Reform of the Judicial Relief System for Environmental Disputes in China

Luo Li

  1. The Impact of the Kyoto Protocol and UNFCCC on Chinese Law and the Consequential Reforms to Fight Climate Change

Carla Peng

  1. The Development of NGOs in China: A Case Study on Their Involvement with Climate Change

Zhixiong Huang

  1. A Comparison Between Shale Gas in China and Unconventional Fuel Development in the United States: Health, Water and Environmental Risks

Paolo Farah, Riccardo Tremolada

PART III. Fundamental Rights and Cultural Diversity

This Book Part III “Fundamental Rights and Cultural Diversity” is participated by researchers funded by the Marie Curie IRSES of the European Union’s Seventh Framework Programme (FP7/2007–2013) under REA grant agreement n° 317767 – Acronym of the Project: LIBEAC (2013–2016) entitled “Lib­eralism in Between Europe And China” within the results coordinated by gLAWcal – Global Law Initiatives for Sustainable Development (United Kingdom).

  1. Understanding Non-Trade Concerns through Comparative Chinese and European Philosophy of Law

Jean Yves Heurtebise

  1. The Right to Food in International Law and WTO Law: An Appraisal

Flavia Zorzi Giustiniani

  1. The Right to Food in China: Cultural Foundation, Present and Future

Ning Libiao

  1. Projections of China’s Food Security to 2030: Obligations as an Agricultural Superpower

James R. Simpson

  1. China and the Recognition and Protection of the Human Right to Water

Roberto Soprano

  1. China Meets Hollywood at WTO: Janus’ Faces of Freedom. Standards of Right and Wrong between National and International Moralities

Christophe Germann

 

23. Cultural Products and the WTO: China’s Domestic Censorship and Media Control Policies

Rogier Creemers

24. Trade in Audiovisuals – The Case of China

Anselm Kamperman Sanders

  1. Rise and Demise of US Social Media in China. A Touchstone of WTO and BIT Regulations

Danny Friedmann

  1. Can Trade Restrictions Be Justified by Moral Values? Revisiting The Seals Disputes Through a Law and Economics Analysis

Julien Chaisse & Xinjie Luan

PART IV – Public Health, Product and Food Safety, Consumers Protection

27. Health Protection Measures as Barriers to EU Exports to China in the Framework of the WTO Agreement on Sanitary and Phytosanitary Measures

Denise Prévost

 28. SPS, Public Health and Environmental Provisions in East Asia RTAs: ASEAN and China

Lorenzo Di Masi

 29. Product Safety in the Framework of the WTO Agreement on Technical Barriers to Trade

Lukasz Gruszczynski, Tivadar Otvoes, Paolo Davide Farah

  1. Non-Trade Concerns and Consumer Protection in China: Surrounding Issues

Piercarlo Rossi

  1. Legal Protection of Consumers in Developing Countries: An Asian Perspective Rajendra Prasad
  1. From Remedy of Damage to Risk Prevention. An Analysis of the New Legislative Implications of the Chapter on “Product Liability” in China’s Tort Liability Law from the Perspective of Consumer Protection

Hu Junhong

  1. Tort Liability for the Compensation of Damages Caused by Dangerous Substances in China

Nadia Coggiola

34. The Protection of Biotechnological Innovation by Patent in the United States, Europe, France, and China. A Comparative Study from the Perspective of the TRIPs Agreement

Shujie Feng, Xin Shu & Ningning Zhang

  1. Public Health, Intellectual Property Rights, and Developing Countries’ Access to Medicines

Jayashree Watal

  1. The Relationship between the TRIPs Agreement and the Convention on Biological Diversity (CBD): Intellectual Property and Genetic Resources, Traditional Knowledge and Folk Protection from a Chinese Perspective

Jianqiang Nie

  1. Grasping Knowledge in Emerging Markets: is this the case of Western Pharmaceutical Companies in China?

Francesca Spigarelli, Andrea Filippetti

Notes on contributors

Angelica Bonfanti, Associate Professor of International Law (University of Milan); PhD (University of Milan).

Leïla Choukroune, Director (Research Professor) of Centre for Social Sciences and Humanities (CSH), New Delhi (India), a French CNRS multidisciplinary Research Unit on South Asia. When Associate Professor of international economic law with the Faculty of Law of the University of Maastricht in the Netherlands, she was Deputy Director of the Institute for Globalization and International Regulation (IGIR) and Director of the Advanced Master in international economic law. She holds a Doctorate in international law (magna cum laude) from the University Paris I Pantheon-Sorbonne and is a lawyer to the Paris bar.

Julien Chaisse, Professor, Faculty of Law & Director of the Centre for Financial Regulation and Economic Development (CFRED), The Chinese University of Hong Kong; PhD in Law (University of Aix-Marseilles III, France); LLM in European Law (University of Tubingen, Germany).

Nadia Coggiola, Assistant Professor of Private Law (University of Torino, Italy); Fellow of Centro di Diritto Comparato e Transnazionale (CDCT); PhD in Comparative, Private and European Law (University of Ferrara, Italy); LLM (University of Torino, Italy); Post-MA in International, European and Comparative Law (University of Torino, Italy); MA in International and Comparative Law (University of Trento, Italy).

Rogier Creemers, Lecturer in the Politics and History of China, Department for Politics and International Relations, University of Oxford (United Kingdom); Fellow, Institute for Globalization and International Regulation, Maastricht University (Netherlands); PhD in Law (Maastricht University, 2012); Master’s degrees in Sinology and International Relations (Leuven, 2004; 2006). Currently, he works at the University of Oxford, where he researches China’s information technology policy and regulation. His work has been published in prestigious journals including The China Journal and the Chinese Journal of Communication. He also edits China Copyright and Media, an authoritative database of translated Chinese regulatory and policy documents.

Thomas Deleuil, PhD in Public law (CERIC, Aix-Marseille University, France). He focuses his research on international environmental law, global governance, and indigenous issues. He has been legal adviser on climate change negotiations and environmental law at the French Ministry of Foreign Affairs from 2014 to 2016.

Lorenzo Di Masi, Lawyer at Crowell & Moring LLP Brussels (Belgium); LLM (University College London, United Kingdom); JD (University of Milan, Italy).

Claudio Di Turi, Associate Professor of Public International Law and European Union Law, Dipartimento di Scienze Aziendali e Giuridiche, Università della Calabria (Italy); DES in Public International Law (The Graduate Institute of International Law, Geneva, Switzerland); law degree (Bologna University, Faculty of Law, Italy).

Shujie Feng, Associate Professor, Tsinghua University, School of Law, Director of Innovation & Competition Law Center; PhD (University Paris I Pantheon-Sorbonne); LLM (Remin University of China); LLB (Shandong University).

Andrea Filippetti, EU Commission Marie Curie Fellow, London School of Economics and Political Science (United Kingdom), and Researcher at the at National Research Council – CNR (Italy); Visiting Fellow at the Birkbeck Centre for Innovation Management Research, University of London. He has been Fulbright-Schuman Post Doc at Harvard University, Center for European Studies, and Visiting Fellow at Columbia University, Department of Political Science. He has published on innovation, the globalization of intellectual property rights, technological change and productivity growth.

Danny Friedmann, Research Associate (The Chinese University of Hong Kong); PhD (The Chinese University of Hong Kong); LLM (University of Hong Kong); BBA (Nyenrode Business University).

Christophe Germann, PhD (University of Berne) and DEA (Master, European Institute of the University of Geneva); Attorney at law in Geneva and Visiting FNS Research Fellow at the Law Schools of the University of Oxford and of Birkbeck College, University of London (2011).

Lukasz Gruszczynski, Assistant Professor, Institute of Legal Studies, Polish Academy of Sciences, Poland; PhD (European University Institute); LLM (Central European University); MA (Jagiellonian University).

Weidong He, Professor of Environmental Law, Law Institute, Shanghai Academy of Social Sciences – SASS (China); Academic Director of Research Centre of Environment and Resources Law, Shanghai Academy of Social Sciences – SASS (China); PhD and LLM, Wuhan University (China).

Jean Yves Heurtebise, Assistant Professor, FuJen Catholic University, Department of French Language and Culture, Taipei (Taiwan); Associate Member of the Research Center for Comparative Epistemology and Ergology (CEPERC) at Aix-Marseille University (France); Affiliated Scholar of the Kozmetsky Global Collaboratory in Stanford University (KGC, US); PhD (summa cum laude) in History of Philosophy and Continental Epistemology, MA, MSc (magna cum laude) at Aix-Marseille University (France).

Junhong Hu, Associate Professor of Economic Law at Beijing Normal University (China); Admitted to the Beijing Bar (China); PhD in Law and Economics (Università degli Studi di Roma Tre, Italy).

Zhixiong Huang, Professor of International Law, Wuhan University (China); PhD (Wuhan University, China); MILE (World Trade Institute, Berne, Switzerland).

Anselm Kamperman Sanders, Professor of Intellectual Property Law, Maastricht University (Netherlands); Director Institute for Globalisation and International Regulation (IGIR), Director Advanced Masters Intellectual Property Law and Knowledge Management (LLM/MSc), Academic Director IEEM Intellectual Property Law School, IEEM Macao SAR, China, Professeur Invité a l’Université de Liège.

Mark Klaver, LLM. (Harvard Law School, USA); JD (University of Toronto, Faculty of Law, Canada).

Marion Lemoine, PhD, Research and Teaching Assistant, CERIC, Faculty of Law and Politic Sciences, Aix-Marseille University (France).

Luo Li, Professor of Law, Beijing Institute of Technology, School of Law.

Xinjie Luan, Guest Professor in Hochschule für Wirtschaft und Recht Berlin (Germany); Professor and Director of the International Trade Institute, China Jiliang University, Hangzhou (China); Guest Senior Researcher at China’s World Trade Organization Institute, University of International Business and Economics, Beijing (China).

Jianqiang Nie, Doctor Iuris, Professor of Law, Wuhan University, China; Vice-director, Wuhan University Institute of International Law; PhD (University of Berne, Switzerland).

Libiao Ning, Professor of Jurisprudence and Human Rights Law, Guizhou University (China); PhD (Jilin University, China); LLM (Hunan Normal University, China).

Carla Peng, Associate Research Professor, Institute of Law, Shanghai Academy of Social Sciences – SASS, Shanghai (China).

Rajendra Prasad, Professor of Law, Chairman, Faculty of Law and former Principal, Andhra University, Visakhapatnam, India has 30 years of teaching and research experience. He obtained his PhD in Consumer Law from Andhra University, India. He headed the School of Corporate law, Indian Institute of Corporate Affairs, Ministry of Corporate Affairs, Government of India. He is the recipient of ‘Best Thesis’ Award (1996), ‘Best Researcher Award’ (2001) and ‘Best Academician Award’ (2008) from Andhra University. He is also the recipient of prestigious Commonwealth Fellowship and worked as Commonwealth Academic Fellow in the Faculty of Law, University of Sheffield, UK. He published many papers on consumer law in reputed national and international journals and attended many national and international conferences on consumer law including those held in Malaysia, New Zealand, Canada, the US, South Africa and the Netherlands.

Denise Prévost, Associate Professor of International Economic Law at Maastricht University (Netherlands); PhD (Maastricht University, Netherlands), LLM (University of South Africa), LLM (Maastricht University, Netherlands); BLC and LLB (University of Pretoria); Visiting Professor, China-EU School of Law (CESL); Member of the Editorial Board, Netherlands Journal of International Law.

Piercarlo Rossi, Aggregate Professor at University of Piemonte Orientale (Italy); PhD in Comparative Law (University of Florence, Italy); Visiting Scholar at University Jean Moulin Lyon 3 (France) and at University of Muenster (Germany); Research Unit Coordinator at University of Piemonte Orientale (Italy) for the Project EPSEI.

Xin Shu, Legal Counsel at Baidu Online Network Technology; Trader at Bank of Beijing; Master (Tsinghua University, School of Law).

James R. Simpson, Affiliate Professor, Thomas S. Foley Institute for Public Policy and Public Service, Washington State University; PhD (Texas A&M University, USA), BS and MS (University of Arizona, USA).

Francesco Sindico, Reader in International Environmental Law at the University of Strathclyde Law School in Glasgow, Scotland, UK and Director of the Strathclyde Centre for Environmental Law and Governance; PhD (Universitat Jaume I, Castellon de la Plana, Spain); LLM (Universidad Autonoma de Madrid, Spain); LL.B. (Università degli Studi di Torino, Italy).

Roberto Soprano, PhD (University of Salerno, Italy); MILE (World Trade Institute, Berne, Switzerland); MA and BA (University of Milan, Italy).

Francesca Spigarelli, Assistant Professor of Economics and Director of China Center at University of Macerata (Italy); PhD at University of Ancona (Italy).

Michael Trebilcock, Professor of Law and Economics, University of Toronto, Faculty of Law (Canada); LLM (University of Adelaide, Australia); LLB (University of Canterbury, New Zealand).

Riccardo Tremolada, PhD Candidate at University of Naples Federico II (Italy); SJD Candidate at Shanghai JiaoTong University (China); LLB, Università degli Studi di Milano, School of Law; Research Associate at gLAWcal – Global Law Initiatives for Sustainable Development (United Kingdom); Research Fellow (2013), Università degli Studi del Piemonte Orientale, DiSEI – Dipartimento di Studi per l’Economia e l’Impresa (Italy); EU Commission Marie Curie Fellow (2013) at the CRAES – Chinese Research Academy on Environmental Sciences in Beijing (China) and at Tsinghua University School of Law, THCEREL – Center for Environmental, Natural Resources & Energy Law in Beijing (China).

Valentina Sara Vadi, Professor of International Economic Law (Lancaster University, United Kingdom); Avvocato (Florence Bar, Italy); PhD (European University Institute), MJur (Oxford, United Kingdom), MRes (EUI), M Pol Sc and JD (Siena, Italy).

Jayashree Watal, Counsellor in the Intellectual Property Division of the WTO since 2001 and represented India in TRIPS negotiations from May to December 1990 (the drafting stage).

Ningning Zhang, Principal Staff Member, Department of Policies, Laws and Regulations, Ministry of Industry and Information Technology of The PRC.

Flavia Zorzi Giustiniani, Assistant Professor of International Law, Uninettuno University (Italy); PhD in International Law (University of Teramo, Italy), Diploma in International Humanitarian Law (ICRC), political science degree and law degree (University of Florence, Italy).

Foreword

It took a long time for Nation-States to realize that the citizens’ happiness does not depend solely on the economic growth. The ongoing process of establishing policies integrating non-trade matters into the government’s strategies reflects the increasing awareness of the importance of non-economic values in guaranteeing the stability of the regime in place, in addition to contributing to the achievement of sustainable development objectives. Since the adoption of the “Open Door Policy” in 1978 by President Deng Xiaoping, to the implementation of the “Go West” strategy in 2000 by President Jiang Zemin, and finally the “Leap East” plan embraced by President Xi Jinping, China’s top priorities have been to ensure the economic welfare of the State and its citizens. Despite the Chinese miracle that has occurred over the past few decades and the astonishing economic growth that was witnessed, China still needs to find appropriate solutions to realize the social and economic rights and lift out of poverty a large part of the Chinese population that has not yet benefited from this industrial and economic revolution. According to the current Premier of the State Council of the People’s Republic of China, Li Keqiang, the recent slowdown reflects a shift in the growth from “High Speed to Medium-to-High Speed”. Yet, this reality led to an imbalanced situation, whereby the economic sector took primacy over other essential matters that concern Chinese society, which resulted in new social problems and started to threaten the miraculous achievements that were made. In response, President Hu Jintao introduced the concept of “Harmonious society” in 2002, in order to balance economic and non-economic values. In fact, the concept of harmonious society has deep roots in the country, since Confucius promoted the concept in ancient China. President Hu Jintao established the basics of the harmonious society while stating that: “We must focus on economic development as our central task, making development our top priority and facilitating and all-round progress in economic, political and cultural aspects and in the building of a harmonious society. We must stick to the direction of reform for a socialist market economy, step up institutional innovation, deepen reforms aimed at galvanizing creative vitality of society and increase the inherent dynamics for economic and social development.”

Therefore, the Chinese Government initiated a reform process in 2002, whereby it progressively integrated Non-Trade Concerns (NTCs) at the central and local level.  This book arrives at a significant moment in the Chinese political context. The increased importance of NTCs in shaping Chinese politics is happening simultaneously with declining economic growth in the country also due to the financial crisis that shocked the world and affected the Chinese economy. This juxtaposition highlights the significance the Chinese government is giving to solve some of the disharmonies that have occurred in the past as a result of the disproportionately strong focus on economic development.

In fact, the book aims to provide an overview of trade and NTCs in China, taking intoconsideration all the abovementioned factors, which have already affected the government’s position when it comes to the adoption of policies that try to balance economic growth and sustainable development. The reader will possess a clear understanding of the situation governing the relation between trade and NTCs in international trade and the World Trade Organization (WTO) system as well as how this relationship materializes in the Chinese legal system and society.

This text covers different Chinese laws and policies established by the government related to international trade, foreign direct investment, and sustainable development as well as environmental protection and climate change in addition to fundamental rights and cultural diversity. It also takes a close look at public health along with food and product safety and consumer protection.

In order to attract foreign direct investments and to compete at the global level, since Deng Xiaoping’s Open Door Policy of 1978, China has been establishing friendly market regulations toward corporations, but sometimes at the expense of labor rights. Section One further elaborates on the current reforms made to tackle the problems of corporate social responsibility and labor rights in the People’s Republic of China.

Additionally, China has taken major steps toward respecting the environment by adopting new environmental laws to better regulate industrial activity and encourage sustainable development. The Chinese government has also fostered the role of civil society through non-governmental organizations (NGOs) by giving them more freedom in order to provide further suggestions to improve the existing environmental laws. However, when it comes to the international landscape, China still considers itself a developing country that has the right to development, even if it means polluting the environment. Despite the effects of climate change on the country, Beijing still argues that the developed countries must assume greater responsibility based on the pollution that they caused in the last century. However, the historic US–China Joint Announcement on Climate Change confirmed President Xi’s commitment to reaching a successful climate agreement in Paris as well as to China’s involvement in the international arena and to better support sustainable development. In the second section, the authors have described these issues in detail while focusing on the critical role that the country can play in the environmental field on the national and international level. The third section of the book focuses on fundamental rights in the country, mainly the right to food and water but also several controversial issues such as China’s domestic censorship and media control policies and the interplay between trade and audiovisuals in the context of the WTO, where the Chinese regime has tried to use the issue of morality to justify restricting the importation of certain products. The last section offers an overview of Chinese public health regulations and the debate at the WTO concerning China’s claim to the transfer of technology to developing countries.

Thus, the discussion about further integrating NTCs in the Chinese legal system is only expected to grow in the light of the legal reforms that are taking place mainly under President Xi Jinping, who made the fight against corruption the official objective of his mandate.

Therefore, this book is relevant to the debate because the distinguished authors have not only provided an overview of the problems related to each issue, but have also suggested appropriate policy solutions. Such policies should be implemented with a comparative approach to avoid halting or further decreasing growth.

This matter is also relevant for numerous developing and developed countries that seek to balance trade and NTCs. However, considering the size of the Chinese economy, the second-largest in the world, a sudden shift of economic policies in any direction would directly influence the world economy. As such, this book not only sheds light on potential solutions to the problem, but also suggests some strategies for integrating the noneconomic values without actually hindering the economic growth of the People’s Republic of China. On the one hand, it offers further insights for the government to improve the current regulations, and for Chinese civil society to move toward the adoption of better rules, on the other.

Professor Gianmaria Ajani

Professor of Comparative Law and Chinese Law

President of University of Turin, Italy and Former Coordinator of EU Commission Marie Curie IRSES – Project EPSEI

 

Foreword

Italy and China: Allies for the Environment

With respect to the environment, Italy and China have cultivated a relationship that looks towards the future. Their alliance is comprised of robust roots, which have grown and strengthened over the last few decades.

While China and Italy have cooperated in a variety of sectors, they have focused heavily on environmental issues. Of utmost strategic importance, they have taken actions in areas such as sustainable architecture, reduction of urban pollution, and production of renewable energies.

In the near future, the global economy will revolve around these very types of technologies.

A new world order will arise to face the challenges posed by climate change, built around a circular and sustainable economy. China will inevitably play a leading role in such a global endeavour, while Italy will necessarily retain major relevance as an economic and technological partner.

China’s involvement in the realisation of a new global economic system will be critical. Indeed, although China contributes enormously to global greenhouse gas emissions, it is also the biggest investor in renewable energies and in technologies fostering energy efficiency.

China is currently the greatest laboratory for sustainability on the planet: it is the most populated country in the world, it has the fastest-growing economy, and it devotes an extraordinary drive to improve living conditions for hundreds of millions of people. Unlike Europe, which is essentially stable in both demographic and economic terms, China continues to grow at a fast pace, both from a qualitative and a quantitative perspective. China is thus the arena where the struggle for sustainable socio-economic development is unravelling.

This crucial challenge will involve a great number of people, who now finally have the ability and the technologies required to harmonize growth with environmental needs. The US and China, which together account for 45 per cent of global greenhouse emissions, had clearly and repeatedly stated that they were intending to pursue an ambitious, binding and effective agreement at the UN Climate Conference which was held in Paris.

In September 2015 the UN approved the 17 Sustainable Development Goals for the planet, which replace the Millennium Development Goals. Notably, they indicate even by their name that the Earth’s future must be a sustainable one.

A few months ago the words of Pope Francis’s encyclical “Laudato Sì” gave another extraordinary push towards “integral ecology”, an environmental aim that is also a social and economic objective. It appears, therefore, that the political, cultural, and ethnic conditions needed to build a new development model are finally in place. Italy and China intend to share and foster this model to build a better future for our planet.

H. E. the Minister Gian Luca Galletti

Minister of the Environment and Protection of Land and Sea of Italy

 

Foreword

With globalization advancing on all fronts, trade matters can no longer remain isolated from other concerns. This is evident in the WTO context, where many joint activities between the WTO and other international organizations, such as UNEP, WIPO or WHO, are helping to better frame the interactions between trade and Non-Trade Concerns (NTCs). The WTO preamble explicitly recognizes the need for respecting sustainable development, which also contributes to enhancing coherence between the WTO and NTCs in areas such as development and environmental protection. It is also clear from the WTO jurisprudence that WTO Members have the right to give priority to NTCs – so long as they respect WTO rules, notably avoiding unjustifiable or arbitrary discrimination, as well as disguised restrictions on international trade. WTO Members have understood this well. In that regard, the role and impact of China in the international economic legal order, in the WTO in general and in the WTO dispute settlement system can only be said to be impressive. This is true with regard to trade matters and NTCs. This book provides a fascinating appraisal of China’s actions relating to NTCs and its influence on shaping these concerns through its active participation in the WTO, including in the WTO dispute settlement system.

Professor Gabrielle Marceau

WTO Legal Affairs Division, Professor at University of Geneva,

President of the Society of International Economic Law (SIEL)

Foreword

Due to the growing intensity of international trade in goods and services, “Non-Trade Concerns” have gradually acquired major influence in international trade negotiations. In particular, the fact that productive processes not only deliver goods that can be traded on the market, but are also increasingly functional to non-commercial objectives, is especially relevant for trade in agricultural and food products.

Expo 2015 provided an extraordinary chance to reflect on the importance of public goods linked to food production. At the global level it was a remarkable opportunity to share the idea that agriculture not only produces food, fibres, energy and fuels, but also social and environmental impacts that determine the future of our planet. Indeed, several matters intertwine in the field of agriculture, spanning from food security to environmental protection and regional development, just to mention the most relevant ones. These issues involve the planet at all of its latitudes, though with diverse intensity and modalities depending on the degree of economic development and the different socio-economic contexts that have matured at the national or regional level. Europe, for example, shows a stronger drive towards certain ethical standards than other trade partners, and has adopted a much more cautious approach in evaluating certain risks. Indeed, the EU Common Agricultural Policy itself can be deemed an integral part of European welfare, thanks to its provisions on animal well-being, environmental good practices (both obligatory and optional), rural development and all other requirements that sectorial operators must satisfy to guarantee food healthiness.

Certainly, as different approaches and understandings compete in the arena of international trade, it is hard to define a framework to combine diverse reasons and previsions with the objectives of trade liberalization. This complex diversity is not only manifest between developed and developing countries, but also paramount within the former (or at least perceived as such). Thus has been, at least, the course of history until now, but the world is changing rapidly and so is the weight of economic and trade actors. Trade routes and geopolitical balances are then constantly adapting to the rising protagonists of the world stage, the so-called emerging economies. Among them, China best represents this changing landscape.

Its remarkable growth in wealth, territorial expansion and availability of resources place this giant in a key position for the world economy. Therefore, China naturally influences the scope of NTCs with its external policies. In fact, this issue has always been the object of passionate debate. Traditionally, it is a matter of claim for less developed countries, which accuse the most developed ones of using non-commercial objectives as protectionist instruments. More recently, however, it has also been a concern in most advanced contexts, where certain prerogatives and guarantees once taken for granted might be gradually waning.

This complex combination of divergent visions and relevant economic interests has recently brought many actors to prioritize bilateral relations instead of the multilateral system.

Many countries thereby increasingly renounce negotiations on a global scale, including the ones at the World Trade Organization. This has implied a fragmentation of conditions and values presiding over commercial exchanges, which in turn inevitably had a negative impact on the international sharing of instruments and approaches aimed at global development.

Conversely, the launched Sustainable Development Agenda contains many ambitious goals. It enshrines the aspiration to create the structural conditions needed for a sustainable and enduring development, and there is no doubt that the role of trade will be decisive for this endeavour. Taking once again the example of agriculture and food, everyone agrees that markets work properly, favouring an efficient and balanced distribution of resources, including food. Easier said than done, of course, first, because these issues have traditionally been part of the national security agendas in virtually every country in the world, and thus they are treated with extreme caution; and second, since behind food and agriculture lie profoundly different cultures, sensitivities and infrastructural possibilities (both material and immaterial).

This volume offers a broad perspective on the above-outlined issue, hence serving as an absolutely critical reference for policy-makers. The analysis of the Chinese context and its peculiarities, as well as its interpretation from the perspective of trade relations, offers important insights to fully understand the main keys for the future of international trade  relations

H. E. the Minister Maurizio Martina

Minister of Agriculture, Food and Forestry Policies of Italy

 

Acknowledgements

The moment of writing the book acknowledgements is very important. It is the opportunity to endorse those institutions and people that have helped facilitate this achievement.

When I decided to prepare this research proposal, I was based in Beijing, China, as part of the Science and Technology Fellowship (STF) Program funded by the European Union and the European Commission Delegation to China and Mongolia (EuropeAid/127024/L/ ACT/CN_STF/08), which permitted me to spend 2 years of research in China. As an Associate Researcher at the Center of Advanced Studies on Contemporary China (CASCC) in Turin, Italy and at University of Turin, Department of Law, associate partners of the consortium which established the China-EU School of Law (CESL), I applied for one of the CESL Grant 2011-2012 with a research project on “Current Trends of Chinese Law towards Non-Trade Concerns such as Sustainable Development, Energy and the Protection of Environment, Public Health, Product and Food Safety, Consumer Protection, Food Security, Right to Food, Right to Water, Social and Economic Rights, Labor Rights from the Perspective of International Law and WTO Law” (Short name: China and Non- Trade Concerns).

The objective of this study was to combine different perspectives on Non-Trade Concerns that have raised diverging opinions amongst both scholars and practitioners. This project offers a multifaceted approach to the research topic, as it draws upon a broad research group. This diverse range of expertise favors academic debate and offers the possibility of covering a wider range of aspects of the specific topic.

My research proposal received endorsements and included scholars from other CESL partner institutions: such as Maastricht University Faculty of Law, Department of International and European Law and the Institute for Globalisation and International Regulation (IGIR) of the Netherlands; and Tsinghua University, School of Law, Institute of Public International Law and the Center for Research on Intellectual Property Law in Beijing, China.

As part of the research proposal, three CESL Conferences “China’s Influence on Non- Trade Concerns in International Economic Law” were organized under this same topic and framework. The first conference was hosted at the Center for Advanced Studies on Contemporary China (CASCC) in Turin, Italy and at University of Turin, Department of Law on November 23–24, 2011. The second was hosted at Tsinghua University, School of Law on January 14–15, 2012, and the third at Maastricht University, Faculty of Law on January 19–20, 2012.

There are milestones and turnouts in the academic life of each academic that shapes the scholarship and the research towards new long-term visions and the future. The Science and  Technology Fellowship (STF) Program in China and, later, this CESL Grant research project, were of such importance to shape my academic career and scholarship.

The lively academic conversations during these three CESL conferences and also the exchange with some of the STF researchers and fellows have developed along these years resulting in an incredible path of research and outcomes.

In particular, beyond the specific results of the three CESL Conferences and the books in three languages, these research projects have created the scientific basis and roots for the emergence of new scholarship and vision which brought to the founding of gLAWcal – Global Law Initiatives for Sustainable Development of the United Kingdom. gLAWcal is an independent non-profit research organization that aims at providing a new focus on issues related to economic law, globalization, and development; namely, the relationship between international economy and trade, with special attention to a number of non-trade-related values and concerns.

Furthermore, among the other most relevant follow-ups and research spin-offs of this CESL research project, it is significant to mention that these topics have been further developed in parallel to the preparation of these books and reciprocally nourished in three supplementary EU commission funded projects (EPSEI, LIBEAC and POREEN) that I have proposed in collaboration with other colleagues which are producing many more results.

These results are periodically posted at http://www.glawcal.org.uk.

The objective was twofold. First, to obtain further funding for the research, beyond the costs of the publication of the three books and of the organization of the three CESL Conferences partially covered by the CESL Grant and second, to achieve many more scientific results of such broad research areas and topics which I could only start to address through the CESL Grant period.

At the same time of the preparation of this CESL Grant research proposal and during the evaluation period, along with Piercarlo Rossi of University of Piemonte Orientale and University of Turin, STF colleague Jean-Yves Heurtebise of Aix-Marseille University, both contributors to this CESL book, and several colleagues from other Universities including Mingyuan Wang and Haifeng Deng of Tsinghua Law School, we decided to submit a broader collaborative research proposal to the EU commission. The “Evaluating Policies for Sustainable Energy Investments: Towards an Integrated Approach on National and International Stage” (EPSEI) project was funded by the Marie Curie IRSES of the European Union’s Seventh Framework Programme (FP7/2007-2013) under REA grant agreement n° 269327, in consortium with several European, Chinese and Russian Universities and was implemented from April 2011 to April 2015. The Chinese partner institutions were Tsinghua University School of Law, Center for Environmental, Natural Resources and Energy Law (THCEREL) and the Chinese Research Academy of Environmental Sciences (CRAES).

The research of some of the contributors to the CESL Grant Conferences and to the book which lead to their results and Session Three of the First CESL Conference held at the CASCC in Turin, Italy, was partially funded by the EPSEI Project and it is included in Part II of the Book, “Sustainable Development, Environmental Protection, and Climate Change.” In the framework of the EPSEI and CESL projects, a special acknowledgement should be addressed to University of Piemonte Orientale, Dipartimento di Studi per l’Impresa e il Territorio (DiSEI) in Italy that, through the project “GOING EAST. Enhancing Asian Research Cooperation in Higher Education for the Challenges of Global Markets” (Id. 2011/1410) funded by Fondazione Cariplo, had contributed to co-sponsor few researchers seconded for their research period in China.

After the success with the EPSEI proposal, I decided, along with Jean-Yves Heurtebise, to submit a second project proposal. The “Liberalism in Between Europe And China” (LIBEAC) project was funded by the Marie Curie IRSES of the European Union’s Seventh Framework Programme (FP7/2007-2013) under REA grant agreement n° 317767 and it is currently ongoing from January 2013 to December 2016. The Chinese partner institutions are Peking University, School of Government and Law School and Tsinghua University, Department of Philosophy and School of Public Policy and Management.

In fact, the Second CESL Conference held at Tsinghua Law School, Beijing, China has also been participated in by researchers of the LIBEAC project, in particular, the Session One dedicated to “Multiculturalism, Liberalism, Right to Development and International Trade” had the contribution of Li Qiang of Peking University School of Government, Daniel Bell of Tsinghua University, Department of Philosophy. Session Three “Public Health, Product and Food Safety, Consumers Protection” had the contribution of Shujie Feng of Tsinghua Law School.

The research of some of the contributors to the CESL Grant Conferences and book publications, which lead to their results, was partially funded by the LIBEAC project and it is included in Part III of the Book, “Fundamental Rights and Cultural Diversity.”

With other partner institutions in Europe and China, we have submitted another project proposal. The “Partnering Opportunities between Europe and China in the Renewable Energies and Environmental Industries” (POREEN) project was funded by the Marie Curie IRSES of the European Union’s Seventh Framework Programme (FP7/2007-2013) under REA grant agreement nº 318908 and it is currently ongoing from January 2013 to December 2016. The Chinese partner institutions are Beijing Normal University, Shanghai JiaoTong University, East-China University of Political Sciences and Law in Shanghai and Tongji University in Shanghai.

The research of some of the contributors to the CESL Grant Conferences and book publications which lead to their results, was partially funded by the POREEN project and it is included in Part I of the Book, “Public Policy, International Trade, and Foreign Direct Investment. The Role of States and Non-State Actors in Economic Globalization.”

The greatness of the institutions is done by the array of personalities, so it is also essential for me to mention the people who were of importance in the different stages of the project.

First of all, I would like to thank Gianmaria Ajani, who was Vice-Director of the Center of Advanced Studies on Contemporary China (CASCC) at the time I was a Research Fellow there and later at University of Turin, Department of Law, and who is currently Professor of Comparative Law and Chinese Law and Rector at University of Turin, for his vision and for making the participation of the CASCC to the CESL consortium and activities along with Marina Timoteo at University of Bologne; Peter Van Den Bossche who has greatly supported this project from the very first moment with the participation of Maastricht University, Department of International and European Law and IGIR – Institute for Globalisation and International Regulation, inviting other colleagues to contribute and join the research proposal such as Anselm Kamperman Sanders, Valentina Vadi, Denise Prevost, Leila Choukroune, Rogier Creemers and to host the Third CESL Conference; Haifeng Deng, Shujie Feng, Bing Bing Jia and Mingyuan Wang for the participation of Tsinghua Law School and to host the Second CESL Conference. Finally, special thanks and acknowledgements should be addressed to Valentina Vadi for her invaluable support all along the implementation of the CESL Grant.

Besides this book publication in English within the gLAWcal Book Series on “Global Law and Sustainable Development” with Routledge Publishing in the United Kingdom, the results of this CESL Grant will be published in Italian and in Mandarin Chinese. Beside this first gLAWcal Book series, a second one was later established on “Transnational Law and Governance” also with Routledge Publishing.

The publication of these three books and the three CESL Conferences have been partially sponsored by China-EU School of Law (CESL) at the China University of Political Science and Law (CUPL). The activities of CESL at CUPL are supported by the European Union and the People’s Republic of China.

This book was able to be published thanks also to the funding and support of gLAWcal – Global Law Initiatives for Sustainable Development (United Kingdom) and West Virginia University, John D. Rockefeller IV School of Policy and Politics, Department of Public Administration (USA).

Professor Paolo Davide Farah

July 2016

Introduction and Overview

Paolo Davide Farah

The motivating idea for this project is to explore the range of Non-Trade Concerns that may conflict with international economic rules with a specific focus on how China can play a decisive role in these matters. If, on the one hand, this volume looks at the tensions between trade and non-trade values through the Chinese experience, on the other, it contextualizes this analysis within the broader framework of public international law.

Public international law appears highly fragmented, as different treaties and rules, which often express different values, increasingly overlap. Although the goal of multilateral trade agreements and that of the treaties and institutions promoting different values do not inherently conflict, the norms adopted to achieve them might come into conflict and, in practice, tensions do exist. In particular, norms with distinct objectives—such as sustainable development, environmental protection, public health, product safety, food security, consumer protection, the right to food and the right to water—might affect trade patterns or, conversely, changes in trade flows influence and possibly jeopardize the realization of such norms.

Tensions do exist not only between each State’s conflicting obligations, but among States as well, since their priorities differ considerably. With regard toNon-Trade Concerns, developing countriesdo not have thesame approach asdeveloped ones. Public opinion and policymakers in industrialized nations fear that a further liberalization of international trade may undermine or jeopardize policies and measures protecting a variety of non-trade values and react by increasingly resorting to trade restrictions. On the other hand, developing countries and, even more so, the least-developed ones have more pressing concerns to address, and tend to look at many of the trade measures introduced by developed countries to address Non-Trade Concerns with distrust if not with resistance or dissent, because they suspect such measures often hide protectionist goals. Moreover, developing countries see these measures as an attempt by developed countries to impose their social, ethical, or cultural values and preferences. Thekey challengeis finding ways tosatisfy theright of developed nations togrant social values the degree ofprotectionthey consider appropriate,​​while minimizingthe negative effectsin terms ofmarket distortion fortheir trading partners.

Prior to China’s accession to the World Trade Organization (WTO), many cautioned that its integration would not only be long and difficult, but possibly damaging to the Organization itself as well as its Members. In view of preventing this outcome, some experts decided to tackle the challenge of integrating China in the world trading system by focusing on the country’s market access concessions, tariff reductions, and liberalization requirements. A second group of scholars placed more emphasis on transparency issues instead, such as legal and administrative policies that China should adopt to ensure equitable and efficient resolution of trade disputes. Per contra, the issue of the potential influence of China’s WTO accession on Non-Trade Concerns has rarely been addressed, at least in a comprehensive manner. Interestingly, though, the country’s influence in this area is now becoming more and more evident in the geopolitical context, considering the impact that China has had not only at the WTO but in other international fora as well, often in combination with the BRICs countries and other developing countries.

This volume is organized into four parts. Each part deals with a different area or cluster of areas where non-trade values somehow intersect with international rules governing world trade. Given the key role China is playing in drawing new rules of the game in many of these areas, the authors in each part have tried to evaluate the country’s internal and external strategies, always keeping in mind its distinctive and unique characteristics.

In his introductory chapter, Paolo Davide Farah sets out a reliable analysis of the key issues in international economic law, which are then further analyzed in the subsequent contributions in this volume. The author first examines the role China plays at the crossroads between its right to development and its essential role in taking into account Non-Trade Concerns while pursuing a sustainable model of development. The author then offers a non-exhaustive, yet insightful, overview of Non-Trade Concerns—such as environmental protection, public health, food security, human rights, and the interplay between cultural products and public morals—exploring their integration in the multilateral trading regime of the WTO.

Part I. Public Policy, International Trade & Foreign Direct Investment:

The Role of States & Non State Actors in Economic Globalization

Part I looks at the links between public policy, international trade, and foreign investment, focusing on the roles played by both the State and non-state actors in China in the context of economic globalization.

Claudio Di Turi addresses the highly debated issue of the relevance of the fundamental principles and rights concerning labor in the context of the globalization of the economy. The author focuses on the practice of the ILO and the WTO showing that, although the two legal sub-systems of international trade and human rights evolved in reciprocal indifference, they both pursue the same goal, i.e. the promotion of social justice. Ultimately, neither human rights law nor trade law can completely foster human dignity on their own. Against the backdrop of a comprehensive analysis of the law and practice of the WTO, as well as the difficulties surrounding the WTO Doha Round of negotiations, the author defends the thesis that WTO Agreements should be interpreted in coherence with human rights rules.

Angelica Bonfanti explores whether and how corporate social responsibility contributes to ensuring that multinational corporations (MNCs) that operate in China comply with human and social rights and environmental protection laws. Since an international treaty specifically regulating MNCs’ activities has never been adopted, in order to assess Chinese international obligations in this field, the author chooses to examine the framework of the main international obligations binding China with regard to human rights, as well as  environmental and social rights protection. In evaluating whether China has correctly adapted its domestic law to accommodate the international obligations undertaken and has put in place the necessary measures to ensure compliance with such obligations, the author emphasizes the notion of the “harmonious society” (hexie shehui).

Leïla Choukroune investigates the development of a China-specific Rights Interest Litigation that illustrates, and simultaneiously challenges, the justiciability of socio-economic rights in an authoritarian regime. After exploring the roots of the recent Chinese movement, the author addresses its limitations, which are inherent to the Chinese legal system: the lack of an independent judiciary, a legislative process that does not reflect the will of the people, the frequent and arbitrary repression of rights defenders, and the systematic promotion of mediation as the best alternative to dispute settlement. The author argues that, despite these limitations, the emergence of the Chinese RIL shows that Chinese citizens have exercised their legal tools at the right time, with the result of having generated innovative judicial activity fostered by novel civil society activism.

Valentina Sara Vadi adopts an international investment law approach to explain the rise of Chinese bilateral investment treaties (BITs) while investigating the social, cultural, and environmental consequences of China’s investment treaty-making program. The latter has become a key component of China’s development policy and, like other emerging economies, China has gone from a mere recipient of investment flows to a leading source of FDIs. The emerging role of China as a capital exporter contributes to the current debate about the interplay between international investment law and non-economic issues. If China wishes to become a great global power, it must take non-economic concerns into account, and therefore it is in the country’s best interest to negotiate more equitable BITs. Against this backdrop, the author questions whether or not Chinese BITs can provide a new paradigm and promote sustainable development.

China’s investment strategy is taken on by Mark Klaver and Michael Trebilcock, who argue that Chinese investment presents African states with a major opportunity for sustainable economic growth. China’s main motivation for investing in Africa is to access the country’s natural resources, but Chinese investors also seek market access. Despite serving China’s own interests, Chinese investment in Africa has expedited economic growth in various African countries. Nevertheless, it still presents a number of major drawbacks. As to the correct response to such drawbacks, the authors suggest that African states have varying levels of good governance, and while no policies are one-size-fits-all, economic development is ultimately best achieved by cultivating Africa’s manufacturing sector.

Part II. Sustainable Development, Environmental Protection,  and Climate Change

Part II of the volume addresses the delicate intersection between trade regulations and measures adopted in the name of sustainable development, environmental protection, and climate change mitigation, exploring the role China plays in shaping these relations.

Francesco Sindico explores the evolution of international climate change practice and its repercussions on trade relations among countries. The author argues that three key trends can be identified in the development of the international climate change regime: the prevalence of soft commitments, the fragmentation of international efforts in relation to climate change, and an increasing complexity within the relevant adopted instruments. After analyzing the trends in the development of the overall international climate change efforts, the author focuses on the specific nature of the climate-trade relationship within the broader debate on trade and environment, and assesses whether softer, more fragmented, and more complex international climate change practice may increase trade tensions.

Thomas Deleuil investigates the place and practice of the principle of common but differentiated responsibilities (CBDR) in the ongoing international climate negotiations. In his analysis, the author studies the regime’s evolving role and understanding of the principle during the recent developments. After the adoption of the Bali Action Plan, new issues have appeared in negotiations and the centrality of CBDR appears to be fading. As a result, recent decisions refer more and more often to contextual norms of differentiations rather than making direct reference to CBDR. The author thoroughly explores these developments, keeping in mind that the CBDR represents only one expression of differential treatment and, irrespective of what expression might eventually prevail, it is the Parties’ actual obligations that will matter.

Marion Lemoine assesses the current functioning of the Clean Development Mechanism (CDM) from a developing country perspective. The author provides an analysis of the regional distribution of CDM projects and evaluates the content of the sustainable development input within the projects to investigate whether developing countries are the effective beneficiaries of the mechanism in terms of sustainable development. The effective implementation of sustainable development through CDM remains one of its main problems and technology transfer has been effective only in less industrialized States.

Elena Cima examines the international framework regulating the process of technology transfer in the renewable energy sector and identifies the obstacles that prevent the transfer from being more successful. Without denying the relevance of all the efforts at the international level to facilitate such transfer, the author draws from the Chinese experience to argue that the most effective way to address the real obstacles to technology transfer is to enact comprehensive domestic policies in the recipient country. The author further argues that the creation of a strong legal structure and a suitable investment scenario in the host country is a main driver of technology transfer, while contributing to the country’s development. Besides, it enables the host country to develop its own technology and become an active part of the process.

He Weidong explores the relationship between China’s recent rapid economic growth and environmental protection, as he formulates suggestions for improving the implementation of China’s environmental laws to cope with the issues plaguing the effectiveness of the system. China’s pattern of development, which is the main cause of the country’s environmental issues—together with the international environmental movement—pushed the Chinese government to pay increasing attention to environmental issues. After a detailed description of China’s environmental protection framework, the author analyzes the fundamental principles and institutions of the Chinese environmental legal system, as well as the degree of China’s international environmental cooperation.

Luo Li, who formulates proposals for improving the judicial relief system for environmental disputes in China, takes on a different aspect of China’s environmental legal framework. Presently, China has developed a system of judicial relief for environmental disputes that integrates administrative, criminal, and civil litigation. Although this system has generated discernible positive effects, there is still considerable room for improvement. The author argues that China lacks an effective way to protect the environment and the environmental interests of the general public, and, therefore, improving the legislation behind procedural law and regulating environmental public interest litigation more clearly is a pressing matter.

Carla Peng explores the recent reforms of the Chinese legislative framework as a reaction to the implementation of the results of the climate negotiations, and especially of the UNFCCC and the Kyoto Protocol. As one of the major international environmental issues, climate change plays a direct role in national energy security and affects the country’s strategy for national economic growth. By implementing the UNFCCC and the Kyoto Protocol, China has made great legislative achievements, but its legal system continues to face serious problems, such as incomplete climate and energy policies, lack of supporting regulations, and difficulties in implementation and enforcement. The author argues that a new reform breakthrough is necessary if China intends to complete its transition to a low-carbon economy.

Zhixiong Huang explores the evolving role played by Chinese Non-Governmental Organizations (NGOs) in the ongoing climate change debate. Climate change is an area of extreme political sensitivity and technical complexity, which may produce substantial obstacles to the participation of NGOs. China’s unique situation as both the largest developing country and one of the largest greenhouse gas emitters would seemingly provide an additional obstacle to Chinese NGOs’ involvement in China’s climate politics. Despite being latecomers to the game, as international consensus about the need to mitigate climate change continues to increase, the stimulus for Chinese NGOs to get involved has also escalated. Judging by the domestic and international presence of Chinese NGOs, climate change has now become one of the most dynamic areas for Chinese NGOs.

Paolo Farah and Riccardo Tremolada carry out an in-depth analysis of the current shale gas regulatory framework, moving from previous experiences of unconventional gas exploitation in the United States to evaluating their possible applications in China, where regulatory and enforcement hurdles are exacerbated by an energy sector characterized by technological deficiencies, barriers to market access, and a limited liberalization of gas prices. Shale gas has been defined as a revolution in the global energy landscape. This is even truer in China, whose large shale gas reserves are likely to have a crucial effect on the regional gas market and on China’s energy mix. Nonetheless, this advance does not come without risks because shale gas exploitation poses a number of legal, regulatory and environmental challenges, which could negatively impact future exploitation and commercialization, not only in China.

Part III. Fundamental Rights and Cultural Diversity

Part III of this book turns to the issues of fundamental rights and cultural diversity, and their relationship with international economic law from a Chinese perspective.

Jean Yves Heurtebise explores the role played by Non-Trade Concerns in the transfer of legitimacy from nation-states to international institutions, necessary to cope with the globalized nature of the contemporary world economy. The challenge brought by NTCs not only requires overcoming national selfishness, but it also calls for universal recognition of some fundamental rights, implying the constitution of a legal-ethical platform, potentially superseding national sovereignties and bridging cultural differences. To help understand China’s reluctance to embrace NTCs, the author conducts a comparative analysis of Chinese and Western legal cultures, comparing the debate between ‘Confucians’ and ‘Legalists’ in ancient China to the one between natural law theorists and legal positivists in contemporary Europe.

Flavia Zorzi Giustiniani analyzes the way the WTO deals with the right to food and demonstrates the negative impact that WTO obligations, and in particular those deriving from the Agreement on Agriculture, have on the right to food, stressing the fact that this negative impact is not inevitable. In principle, WTO and human rights obligations are not incompatible. The Agreement establishing the WTO envisages that states should conduct their trade relations with a view toward raising standards of living, and Members should refrain from supporting any WTO measure or decision that could harm the enjoyment of the right to food.

Ning Libiao also centers his chapter around the right to food, drawing the reader’s attention to China. By doing so, the author explores the cultural basis behind ensuring the right to food in China and then analyzes the government’s political inclination as well as the measures taken to protect such right, showing the remarkable progress made in China. After providing a precise and detailed overview of the existing problems, the author concludes with some proposals for the improved protection of this right.

James R. Simpson addresses the highly debated question of China’s ability to feed itself over the next few decades. The author uses science-based research to project China’s food security up to 2030, using the calculation of all animal and aquaculture feedstuffs requirements and availabilities as a starting point and factoring in a series of other elements, such as constraints on China’s natural resources and the potential of biotechnology in relation to crop production. Although China’s animal and crop productivity is quite low, the research reveals that China will most likely maintain its agricultural superpower status, further investigating how the country will use its agricultural powerhouse.

Roberto Soprano explores China’s attitude towards the protection of the human right to water. China’s awareness of the country’s water scarcity problems has pushed the government to invest widely in the sector, although investments have been disproportionate between rural and urban areas. In order to comply with international obligations and protect, promote, and fulfill the right to water, China must rethink its policies and projects to reduce the inequitable access to water and make further efforts to diminish the pollution of water resources to provide safe drinking water for people in both urban and rural areas.

Christophe Germann revisits the idea that the promotion of cultural diversity combined with the freedom of expression in authoritarian regimes might change the international law paradigm on intellectual property protection. In the absence of other capable international fora, the author argues that the WTO could play a pivotal role in the elaboration and implementation of new rules aimed at materializing equitable access, openness, and balance. However, so far, the WTO has not succeeded in encouraging such “equitable trade” and the litigation between the US and China on cultural goods and services clearly illustrates some of the causes of this failure. As a solution, the author introduces the idea of variable geometry for the duration of copyright protection as a novel remedy against excessive intellectual property protection eroding and damaging both cultural diversity and equitable trade.

Rogier Creemers looks at the nexus between media control and international trade in China. Since media plays a crucial role in Chinese politics and is closely monitored by a complex web of institutional and regulatory measures, understanding how the censorship system operates helps better gauge the impact of international trade law on this important aspect of Chinese domestic regulation. Against this background, the author proceeds to analyze the tensions between the media control system and the expectations of the international trade regime, paying particular attention to the WTO dispute between China and the US on Publications and Audiovisual Products, looking both at the substantive impact of the decisions and at the political dimension of implementation and retaliation.

The WTO China – Publications and Audiovisual Products dispute is at the core of another chapter within this volume. Anselm Kamperman Sanders presents an innovative analysis of this dispute, exploring the way in which trade in cultural works has led to discussions on Non-Trade Concerns in the context of free trade agreements and WTO obligations. The author offers a comprehensive overview of the relevant case law and demonstrates that China is characterized by the convergence of measures that are all subservient to the desire to exercise full political and cultural control over the media market, addressing whether the moral exception argument raised successfully by China to defend its policies will be sustainable in the long run.

Danny Friedmann argues that the Chinese government uses social media as an instrument to censor and guide its population. The author examines the Chinese attitude towards social media and the way it relates to international trade law, especially through the analysis of bilateral investment treaties, which might be used by other countries to oblige China to meet its commitments and give foreign social media companies market access. Although China has obligations towards the global community via international treaties, the freedom of expression provisions in both the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights are not equipped to help foreign companies gain access to the Chinese market.

Julien Chaisse and Xinjie Luan revisit the high-profile WTO dispute on the EU seal import ban that has captivated the attention of the international community for over five years, from a legal and economic perspective. Instead of commenting on the merits of the WTO decision, the author returns to the facts and the law to provide a novel analysis of the dispute, with a view to shed light on some of the arguments that the WTO Panel and Appellate Body ignored, such as, among others, the differences between the risk assessment mechanism in the WTO Agreement on Technical Barriers to Trade and the Agreement on the Application of Sanitary and Phytosanitary Measures.

Part IV. Public Health, Product and Food Safety, Consumer Protection

Part IV of the volume addresses the complex and highly debated intersection between trade regulation and the protection of public health, product safety, and consumers’ rights, adopting once again a very unique perspective based on China’s experience.

Denise Prévost examines the most relevant provisions of the WTO Agreement on the Application of Sanitary and Phytosanitary Measures (SPS) to establish the extent to which it permits China to pursue its Non-Trade Concerns in the area of food safety, as well as plant and animal health. The analysis of the WTO rules that discipline the trade-restrictive effect of such health regulations and conformity assessment procedures will also determine the possibilities for the EU to pursue its trade interests by using the rules of the SPS Agreement to challenge China’s SPS measures.

Lorenzo Di Masi looks at the presence of Non-Trade Concerns in regional trade agreements (RTAs) signed by the Association of South-East Asian Nations (ASEAN) and by China, in order to evaluate their possible contribution to the evolution of international economic law in a “sustainable development oriented” direction. The author first discusses the reasons that have led China and ASEAN to pursue an intensive regional policy during the last ten years and argues that the Chinese government has always entered into RTAs for geopolitical and economic reasons, which explains why it has given only partial attention to sustainable development issues. However, China’s continued display of flexibility in negotiations, combined with the fact that sustainable development has become an essential part of the country’s economic planning, leaves open the possibility of new unexpected scenarios.

Lukasz Gruszczynski discusses the basic obligations for national product safety regulations imposed by the WTO Agreement on Technical Barriers to Trade (TBT) and looks at the rules on technical standards that are applicable in the relations between China and its trading partners. In recent decades, the problem of product safety has become one of the main issues on the agenda of national regulators. Although the TBT Agreement constitutes an important part of the WTO legal regime, it seems to be somewhat unappreciated by WTO Members, as TBT disputes have been rare. The author argues that, as a consequence, the scope of the Members’ obligations and rights flowing from TBT provisions is uncertain, affecting the predictability of the whole system and further discouraging Members from initiating disputes under the agreement.

Piercarlo Rossi examines China’s provisions aimed at consumer protection within a broader analysis of how consumer protection laws may create an exception, if not even an obstacle, to the principles of international trade. Studying the provisions aimed at protecting consumers in different jurisdictions from a strictly legal point of view, the author finds that there are no consistent doctrines concerning the balance between provisions directed at protecting competition and markets and those solely designed to protect consumers. Turning to the study of Chinese consumer laws, the author remarks on the importance of conducting such analysis, taking into account the specific features of the Asian region China belongs to.

The issue of consumers’ legal protection is subsequently taken up by Rajendra Prasad, who focuses on developing countries. Consumers exist throughout the globe but encounter distinct problems depending on their country of residence. Taking into account the specific problems of developing countries as far as consumer protection is concerned, the author examines the legislative attempts of various Asian countries to protect consumers’ interests. The author uses the Indian experience as a case study to show how consumer protection has been able to trigger a new legal revolution with informal dispute resolution.

Hu Junhong examines the innovative legislative principles introduced with the adoption of the Chinese Tort Liability Law, as well as their effects on the system of product liability and legal regulations of product safety, especially in the light of the product safety accidents that recently occurred in China. The author investigates the reasons why, even though China has enacted strict laws on product safety, including administrative laws on product supervision and punishment and tough civil and criminal laws on product liability, consumer safety cases in which serious damage occurs constantly arise.

Nadia Coggiola addresses the issue of compensation of damages caused by environmental pollution, aiming to identify the reasons and meanings of the discrepancies between the rich and comprehensive Chinese legislation and the poor litigation records on compensation for damages caused by exposure to dangerous substances. The very essence of this controversial issue can only be grasped by inquiring how formal rules are actually implemented in Chinese courts and, as a result, the author investigates beyond the narrow borders of Chinese black letter law to unveil the judicial and extrajudicial hurdles that undermine an effective implementation of the existing laws and regulations.

Shujie Feng, Xin Shu and Ningning Zhang explore the contribution of the WTO Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs) in solving one of the most controversial problems raised by biotechnology, namely the patentability of biotechnological inventions. Since all WTO Members experience different levels of technological and economic development, and since they do not share the same morals and ethics, divergences are unavoidable. Against this background, and taking into account the role of the TRIPs Agreement in harmonizing national laws, the authors conduct a comparative evaluation of TRIPs implementation in the field of biotechnology, focusing on China, the US, and the EU.

Jayashree Watal addresses the need to find a balance in the protection of intellectual property rights (IPR) between the short-term interest in maximizing access to medicines and the long-term interest in promoting creativity and innovation. This task has been made more difficult at the international level on account of IPR treaties that may not take account of differing levels of economic, technological, and social development. The author further explores whether the flexibilities provided for in the TRIPs Agreement, as well as in subsequent instruments adopted by WTO Members, such as the Doha Declaration on TRIPs and Public Health and the Paragraph 6 Decision, are sufficient to solve the problem of access to medicines and medical technologies.

Jianqiang Nie explores the intersection between intellectual property, genetic resources, traditional knowledge, and traditional cultural expression from a Chinese perspective. The author investigates two fundamental issues related to the relationship between the TRIPs Agreement and the Convention on Biological Diversity: how to clarify legal requirements or conditions under IP legislation to prevent the unlawful or unjustifiable approval of IP rights over genetic resources, traditional knowledge, and traditional cultural expression (defensive protection), and how to make use of the IP legal system to protect genetic resources, traditional knowledge, and traditional cultural expression (positive protection).

Andrea Filippetti and Francesca Spigarelli address the emerging issues related to the infringement of IPRs of indigenous people by foreign multinational enterprises. By settling their branches in the developing world, MNEs are able to capture traditional knowledge, register patents based on such principles, and incorporate them into their products. The industrialized countries win in this game. The authors analyze the pharmaceutical sector in China, focusing on traditional Chinese medicine and the growing presence of foreign pharmaceutical companies in the country.

 

Paolo Davide Farah, Elena Cima (editors), CHINA’S INFLUENCE ON NON-TRADE CONCERNS IN INTERNATIONAL ECONOMIC LAW, Global Law and Sustainable Development, gLAWcal Book Series, Routledge Publishing (London/New-York), ISBN 978-1-4094-4848-8, September 2016, pp. 1 – 584

https://www.routledge.com/Chinas-Influence-on-Non-Trade-Concerns-in-International-Economic-Law/Farah-Cima/p/book/9781409448488

Cover, Table of Contents, Forewords, Introduction and Acknowledgements can be downloaded at the following website:

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2876883

 

Paolo Davide Farah, “Introduction and Overview”, in Paolo Davide Farah, Elena Cima (editors), CHINA’S INFLUENCE ON NON-TRADE CONCERNS IN INTERNATIONAL ECONOMIC LAW, Global Law and Sustainable Development, gLAWcal Book Series, Routledge Publishing (London/New-York), ISBN 978-1-4094-4848-8, September 2016, pp. 1-9.

https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=629289

Introduction and Overview: China’s Influence on Non-Trade Concerns in International Economic Law

Paolo Davide Farah, Elena Cima (editors), China’s Influence on Non-Trade Concerns in International Economic Law, Global Law and Sustainable Development, gLAWcal Book Series, Routledge Publishing (New-York/London), ISBN 978-1-4094-4848-8, September 2016, pp.1-9

Book Cover ONE PAGE

Paolo Davide Farah

West Virginia University (WV, USA); gLAWcal – Global Law Initiatives for Sustainable Development (United Kingdom)

Abstract

The motivating idea for this project is to explore the range of Non-Trade Concerns (NTCs) that may conflict with international economic rules with a specific focus on how China can play a decisive role in these matters. If, on the one hand, this volume looks at the tensions between trade and non-trade values through the Chinese experience, on the other, it contextualizes this analysis within the broader framework of public international law.

Public international law appears highly fragmented, as different treaties and rules, which often express different values, increasingly overlap. Although the goal of multilateral trade agreements and that of the treaties and institutions promoting different values do not inherently conflict, the norms adopted to achieve them might come into conflict, and, in practice, tensions do exist. In particular, norms with distinct objectives – such as sustainable development, environmental protection, public health, product safety, food security, consumer protection, the right to food, and the right to water – might affect trade patterns, or, conversely, changes in trade flows influence and possibly jeopardize the realization of such norms. Tensions do exist not only between each state’s conflicting obligations, but among states as well, since their priorities differ considerably. With regard to NTCs, developing countries do not have the same approach as developed ones. Public opinion and policy-makers in industrialized nations fear that a further liberalization of international trade may undermine or jeopardize policies and measures protecting a variety of non-trade values and react by increasingly resorting to trade restrictions. On the other hand, developing countries and, even more so, the least-developed ones have more pressing concerns to address, and tend to look at many of the trade measures introduced by developed countries to address NTCs with distrust if not with resistance or dissent, because they suspect such measures often hide protectionist goals. Moreover, developing countries see these measures as an attempt by developed countries to impose their social, ethical, or cultural values and preferences. The key challenge is finding ways to satisfy the right of developed nations to grant social values the degree of protection they consider appropriate, while minimizing the negative effects in terms of market distortion for their trading partners.

Prior to China’s accession to the World Trade Organization (WTO), many cautioned that its integration would not only be long and difficult, but possibly damaging to the Organization itself as well as its Members. In view of preventing this outcome, some experts decided to tackle the challenge of integrating China in the world trading system by focusing on the country’s market access concessions, tariff reductions, and liberalization requirements. A second group of scholars placed more emphasis on transparency issues instead, such as legal and administrative policies that China should adopt to ensure equitable and efficient resolution of trade disputes. Per contra, the issue of the potential influence of China’s WTO accession on NTCs has rarely been addressed in a comprehensive manner. Interestingly, though, the country’s influence in this area is now becoming more and more evident in the geopolitical context, considering the impact that China has had not only at the WTO but in other international fora as well, often in combination with the BRICS countries (Brazil, Russia, India, China and South Africa) and other developing countries.

 

Keywords: Globalization, WTO, International Economic Law, Trade, Non-Trade Concerns, Good Governance, Human Rights, Right to Water and Food, Social and Economic Rights, Cultural Rights, Labour, Environment, Climate Change, Energy, Intellectual Property, Access to Knowledge, Health, Consumer, Sustainability

JEL Classification: Q40, Q48, Q50, Q56, Q58, Q34, Q37, Q32, Q23, Q24, Q25, Q27, K33, K32, Q17, Q18

Farah, Paolo Davide, Introduction and Overview: China’s Influence on Non-Trade Concerns in International Economic Law, in Paolo Davide Farah, Elena Cima (editors), China’s Influence on Non-Trade Concerns in International Economic Law, Global Law and Sustainable Development, gLAWcal Book Series, Routledge Publishing (New-York/London), ISBN 978-1-4094-4848-8, September 2016, pp.1-9. Available at SSRN: https://ssrn.com/abstract=2883308

Paolo Davide Farah, “The Development of Global Justice and Sustainable Development Principles in the WTO Multilateral Trading System Through the Lens of Non-Trade Concerns: An Appraisal on China’s Progress”, in Paolo Davide Farah, Elena Cima (editors), CHINA’S INFLUENCE ON NON-TRADE CONCERNS IN INTERNATIONAL ECONOMIC LAW, Global Law and Sustainable Development, gLAWcal Book Series, Routledge Publishing (London/New-York), ISBN 978-1-4094-4848-8, September 2016, pp. 10 – 58.

https://papers.ssrn.com/sol3/papers2.cfm?abstract_id=2887181

Book Cover ONE PAGE

The Development of Global Justice and Sustainable Development Principles in the WTO Multilateral Trading System Through the Lens of Non-Trade Concerns: An Appraisal on China’s Progress

in Paolo Davide Farah, Elena Cima (editors), CHINA’S INFLUENCE ON NON-TRADE CONCERNS IN INTERNATIONAL ECONOMIC LAW, Global Law and Sustainable Development, gLAWcal Book Series, Routledge Publishing (New-York/London), ISBN 978-1-4094-4848-8, September 2016, pp. 10–58

Paolo Davide Farah

West Virginia University (WV, USA); gLAWcal – Global Law Initiatives for Sustainable Development (United Kingdom)

 

Abstract

The ongoing economic instability in several countries and regions throughout the world, along with the volatility of the market and job losses, has lead to an increase in protests that are currently reaching the highest possible levels of conflict against the so-called establishment. Additionally, the growing of political discourse and public opinion regarding the migration crisis and the global fight against terrorism are also providing momentum to some relevant segments of this variegated civil society movements which have continued to express dismay and anger towards human, social, and environmental consequences of the global expansion of world trade and of the monetary and commercial translation of all interpersonal transactions.

Majority votes favoring Brexit and other political turmoil happening around European countries, in the United States, and in different parts of the world are just some of the most critical examples on how the existing systems are failing. Specifically, global governance and law with borderless globalization are to blame for the inability to find appropriate solutions to face the challenges of a constantly changing society. Unfortunately, this inability creates a risk that leaves behind an increasing part of the population who are unable to benefit from such globalization.

The related fear of the people toward the risks of a world without barriers are very real and concrete. Additionally, the proposed solutions to face these problems are certainly influenced by the negative visions on globalization and liberalism, which neglect to take into account the positive effects of the free trade and liberalization of the markets. For example, more and more political leaders are trying to use this discontent among the society for obtaining an easy consensus, without truly having a real program to improve the life of the people. More importantly, without endorsing the intrinsic dangers, a strong shift back towards nationalism might come to fruition in the long-term as a result.

Democratic legitimacy and social justice based on human rights principles should be used as the regulatory framework to structure global expansion of economic welfare as well as WTO rules However, the difficulty and limit of this approach lies in the fact that it affirms both that human rights should guide the process of global legal integration and that the WTO should implement such process. Suggesting that WTO law guarantees respect for fundamental human rights implies a refusal to evaluate the practices of organizations such as the WTO itself and the IMF.

The following section of this chapter examines the particularities of China at a crossroads between the “Right to Development” and “NTCs,” given that China still seeks to grow its economy and expand industry to bring millions of more people out of poverty. Simultaneously, it plays an essential role (together with other BRICS countries) in creating a model to “develop” sustainably, with a view towards tackling climate change, avoiding the increasing environmental risks and damages, and balancing the attractions of foreign investments with labor rights, human rights, and public health.

The subsequent section titled “Non-Trade Concerns status in the WTO multilateral system” develops a non-exhaustive overview and explores the integration of NTCs in the WTO. In particular, the interplay between environment and trade25 is examined and the prospects for the new acceding Members, taking China as a case study and its accession to the WTO in 2001, the change in the attitude of the WTO DSB while ranking public health issues over trade, the relations between food security and international trade regulations, the difficult balance of the right to access essential medicines and the protection of their IPRs, the respect of other human rights in the multilateral trading system, and the relations between cultural products and public morals.

 

Keywords: Global Justice, Sustainable Development, International Economic Law, WTO, Environment, Sustainable Development, Climate Change, Energy, Natural Resources, Human Rights, Right to Water, Labour Rights, Social Rights, Economic Rights, Food Security, Public Health, Cultural Products, Cultural Rights

JEL Classification: Q40, Q48, Q50, Q56, Q58, Q34, Q37, Q32, Q23, Q24, Q25, Q27, K33, K32, Q17, Q18

Farah, Paolo Davide, The Development of Global Justice and Sustainable Development Principles in the WTO Multilateral Trading System Through the Lens of Non-Trade Concerns: An Appraisal on China’s Progress, in Paolo Davide Farah, Elena Cima (editors), CHINA’S INFLUENCE ON NON-TRADE CONCERNS IN INTERNATIONAL ECONOMIC LAW, Global Law and Sustainable Development, gLAWcal Book Series, Routledge Publishing (New-York/London), ISBN 978-1-4094-4848-8, September 2016, pp. 10–58. Available at SSRN: https://ssrn.com/abstract=2887181

Paolo Davide Farah, “The Principle of Common But Differentiated Responsibilities in the International Regime of Climate Change” (with Imad Ibrahim, Thomas Deleuil), in Paolo Davide Farah, Elena Cima (editors), CHINA’S INFLUENCE ON NON-TRADE CONCERNS IN INTERNATIONAL ECONOMIC LAW, Global Law and Sustainable Development, gLAWcal Book Series, Routledge Publishing (London/New-York), ISBN 978-1-4094-4848-8, September 2016, pp. 146 – 157.

https://papers.ssrn.com/sol3/papers2.cfm?abstract_id=2883755

Book Cover ONE PAGE

The Principle of Common But Differentiated Responsibilities in the International Regime of Climate Change

in Paolo Davide Farah, Elena Cima (editors), CHINA’S INFLUENCE ON NON-TRADE CONCERNS IN INTERNATIONAL ECONOMIC LAW, Global Law and Sustainable Development, gLAWcal Book Series, Routledge Publishing, ISBN 978-1-4094-4848-8. September 2016, pp. 146-157

Imad Antoine Ibrahim

gLAWcal – Global Law Initiatives for Sustainable Development (United Kingdom)

Thomas Deleuil

Aix-Marseille University

Paolo Davide Farah

West Virginia University (WV, USA); gLAWcal – Global Law Initiatives for Sustainable Development (United Kingdom)

Abstract

“Preventing future calamity requires not only agreement but action. Governments and other responsible groups are usually accused of reacting to crises rather than foreseeing and preventing them. We have an opportunity here to show that experts, scientists, lawyers, and governments can foresee potentially catastrophic dangers, and prevent them from happening.” This abstract demonstrates the philosophy, issues and objectives of Multilateral Environmental Agreements (MEAs) adopted since the 1970s. Climate change has been described as “the most challenging environmental issue of our time,” and one cannot help but associate this abstract with the construction of, what is called today, the climate regime. Following the process launched at the Rio Conference, the United Nations Framework Convention on Climate Change (UNFCCC) was adopted in May 1992 and a protocol to the Convention followed in 1997: the Kyoto Protocol.

Back in 1992, in “common but differentiated responsibilities” (CBDRs), “common” meant that there is a universal responsibility to act for the benefit of “present and future generations.” Thus, common responsibilities embody both the notions of “common concern” and “common heritage of humankind,” two notions “as old as international environmental law itself.” In other words, environmental issues such as climate change have too much of a universal impact for the response to be “solely a matter of domestic jurisdiction.”

The CBDR principle is only an expression of differential treatment. Other expressions of differentiation are used in the climate regime and could take precedence in the future. It is parties’ actual obligations that will matter to combat climate change. In order to do so, the climate regime must keep a balance between commitments and assistance. Indeed, although adaptation to climate change and assistance are truly important issues, one has to realize that the fight against climate degradation cannot be fought without commitments from stronger polluters to reduce their emissions. The notion of responsibility is central in CBDR but current contributions to climate change cannot be forgotten. COP22 which will be held in Marrakesh between the 7th and 18th of November 2016, will constitute a new opportunity for developed/developing countries to further debate and enhance the latter principle in the light of the commitments/assistance balance that must be maintained.

 

Keywords: CBDR, Sustainable Development, Climate Change, Kyoto, WTO, COP22, UNFCCC, GATT, GHGs, Cancun, Intended Nationally Determined Contributions (INDC), United Nations, China, United States, Durban, MEAs, Multilateral Environmental Agreements

JEL Classification: Q40, Q48, Q50, Q56, Q58, Q34, Q37, Q32, Q23, Q24, Q25, Q27, K33, K32, Q17, Q18

Ibrahim, Imad Antoine and Deleuil, Thomas and Farah, Paolo Davide, The Principle of Common But Differentiated Responsibilities in the International Regime of Climate Change, in Paolo Davide Farah, Elena Cima (editors), CHINA’S INFLUENCE ON NON-TRADE CONCERNS IN INTERNATIONAL ECONOMIC LAW, Global Law and Sustainable Development, gLAWcal Book Series, Routledge Publishing, ISBN 978-1-4094-4848-8. September 2016, pp. 146-157. Available at SSRN: https://ssrn.com/abstract=2883755

Paolo Davide Farah, “Product Safety in the Framework of the WTO Agreement on Technical Barriers to Trade” (with Lukasz Gruszczynski, Tivadar Otvos), in Paolo Davide Farah, Elena Cima (editors), CHINA’S INFLUENCE ON NON-TRADE CONCERNS IN INTERNATIONAL ECONOMIC LAW, Global Law and Sustainable Development, gLAWcal Book Series, Routledge Publishing (London/New-York), ISBN 978-1-4094-4848-8, September 2016, pp. 436 – 448.

https://papers.ssrn.com/sol3/papers2.cfm?abstract_id=2883780

Book Cover ONE PAGE

Product Safety in the Framework of the WTO Agreement on Technical Barriers to Trade

in Paolo Davide Farah, Elena Cima (editors), CHINA’S INFLUENCE ON NON-TRADE CONCERNS IN INTERNATIONAL ECONOMIC LAW, Global Law and Sustainable Development, gLAWcal Book Series, Routledge Publishing, ISBN 978-1-4094-4848-8. September 2016, pp. 436-448

48 Pages Posted: 16 Dec 2016 Last revised: 6 Mar 2017

Lukasz Gruszczynski

Polish Academy of Sciences – Institute of Legal Studies ; Trade Pacts

Tivadar Ötvös

gLAWcal – Global Law Initiatives for Sustainable Development

Paolo Davide Farah

West Virginia University (WV, USA); gLAWcal – Global Law Initiatives for Sustainable Development (United Kingdom)

Abstract

This chapter discusses the basic obligations for national product safety regulations imposed by the TBT Agreement, and gives a general picture of the rules on technical standards that are applicable in the relations between China and its trading partners. The first section defines the scope of the agreement, while the second analyzes its specific requirements relevant to domestic product safety regulations. The last section concludes with some general observations on the functioning of the agreement. Due to the space limitations, this chapter should be regarded more as an introduction than a comprehensive analysis of existing legal obligations.

From the previous reasoning, it is evident that this chapter defines product safety rules quite broadly. They include provisions that aim at eliminating particular health risks – for example, by prohibiting particular chemical substances in some or all products – as well as provisions aimed at limiting their extent – for example, by setting specific thresholds for nicotine in cigarettes or by requiring certain safety devices in cars. In the second instance, a regulator may accept, for other reasons, a certain level of risk connected with the use of a product. Product safety rules also include informational requirements imposed on sellers or producers, such as various labeling obligations requiring them to disclose the composition of a product, provide instructions on its safe use, or indicate specific risks related to such use.

 

Keywords: WTO, International Trade Law, TBT Agreement, China, Product Safety, Technical Standards, Health, Risks, Chemical Substances, Labeling

JEL Classification: Q40, Q48, Q50, Q56, Q58, Q34, Q37, Q32, Q23, Q24, Q25, Q27, K33, K32, Q17, Q18

Gruszczynski, Lukasz and Ötvös, Tivadar and Farah, Paolo Davide, Product Safety in the Framework of the WTO Agreement on Technical Barriers to Trade, in Paolo Davide Farah, Elena Cima (editors), CHINA’S INFLUENCE ON NON-TRADE CONCERNS IN INTERNATIONAL ECONOMIC LAW, Global Law and Sustainable Development, gLAWcal Book Series, Routledge Publishing, ISBN 978-1-4094-4848-8. September 2016, pp. 436-448. Available at SSRN: https://ssrn.com/abstract=2883780

Paolo Davide Farah, “Trade and Progress: The Case of China”, 30 (1) COLUMBIA JOURNAL OF ASIAN LAW, Fall 2016, pp. 51-112.

The full article can be downloaded at the following link:

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3020365

Abstract

China’s accession to the WTO is widely understood as an important step towards greater global market liberalization and integration. However, this step has been also perceived in an ambivalent way. On one hand, the global market liberalization would have never been really completed without participation of such a major player as China. On the other hand, many observers articulated concerns about China’s ability to integrate into the WTO system. In order to tackle the issues of concern, attention was paid mainly to technical issues, which were seen as a precondition for China’s successful integration into the WTO system. For this reason, topics related with market integration, such as e.g. liberalization requirements, as well as topics related with transparency and legal and administrative policies, necessary for securing of just and equitable resolution of commercial and trade disputes, were initially addressed.

Still, in the light of the changing and evolving geopolitical climate, it has become more evident that Non-Trade Concerns (NTCs) might be another multifaceted topic requiring special attention. EU and US, becoming increasingly aware of the fact that competition of economies with different level of development might result not only in job losses in developed countries due to relocation of production, but also to general deterioration of environmental, social and health standards, have accentuated the importance of a global consensus on NTCs and their inclusion into EU and US external policies concerning foreign trade and investment. Civil society from the developed world, in general, is afraid that further liberalization may endanger public policies at different levels: environmental protection and sustainable development, good governance, cultural rights, labor rights, public health, social welfare, national security, food security, access to knowledge, consumer protection, and animal welfare.

On the other hand, coalition consisting of China and other BRICS countries as well as other developing countries gaining more influence in the WTO and other international fora has been able to articulate discontent with measures adopted by developed countries to address NTCs. The clash between interests of developed and developing countries reveals potential unfairness and inconsistencies of the international system, including the international trade system, which needs to undergo a deep reform to integrate the developing countries’ needs.

Many of the measures that developed countries introduce to address NTCs were received by developing countries with suspicion, resistance, and even hostility. Developing countries, including China, doubt the authenticity of such considerations and think they might actually hide protectionist purposes. Additionally, developing countries see these measures as an indirect form of western imperialism whereby they will have no choice but to comply with the social, ethical, and cultural values of the developed states. Nonetheless, not only has China undergone serious reforms and adopted new regulations to address the issue of NTCs, but the country has even begun to play an important role in the international negotiations on NTCs—such as those on climate change, energy, culture, and so on.

However, at the same time it provides an opportunity for China and other developing countries to defend their interests in a constructive dialogue with developed countries and restructure the system in order to find a necessary balance between globalization and sustainable development or to shape it according to their interests.

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Keywords: Globalization, WTO, International Economic Law, Trade, Non-Trade Concerns, Good Governance, Human Rights, Right to Water and Food, Social and Economic Rights, Cultural Rights, Labour, Environment, Climate Change, Energy, Intellectual Property, Health, Sustainability

JEL Classification: Q40, Q48, Q50, Q56, Q58, Q34, Q37, Q32, Q23, Q24, Q25, Q27, K33, K32 Q17, Q18