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Archive for the ‘CESL Conference Series’ Category

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.

TO DOWNLOAD THE FULL ARTICLE: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3020365

 

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

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Paolo Davide Farah, “China’s Influence on Non-Trade Concerns in International Economic Law”Socio-Legal Studies Association (SLSA) Annual Conference 2013 – Panel on International Economic Law and Development, University of York, 26-28th March 2013

Description of the Stream/Theme on International Economic Law and Development

Leaflet to download: University of York – SLAS – Panel on International Economic Law and Development – Conference Timetable-For Presenters

The concept of ‘development’ has long has been a key focal point of the rules and institutions that regulate the global economy. Development as a social, economic and political construct is deeply embedded within the lawmaking, policy formulation and adjudicative functions of international economic institutions, and often enrolled as a normative, prescriptive and constitutive force in the shaping of international economic law.

Contemporary events are once again shifting the multifaceted function and contested nature of development to the forefront of the international economic order. The coupling of a global recession with emerging conflicts over natural resources, climatic and environmental insecurity and the socio-political and military fragmentation of states is necessitating the prioritisation of an extended agenda for development in international affairs.

The convenors welcome proposals that use socio-legal approaches to address this broad theme of the place of development in international economic law. What are its theoretical and practical origins, meanings and futures? How is the concept of development articulated in international economic legal fora? Why does it matter? We hope to stimulate discussion and further collaboration on these areas among participants of the theme.

Stream/Theme: International Economic Law and Development

Tuesday  26th March  
10.00 Registration opens
10.30 – 12.30 York walk for early visitors
12 noon PG room opens
12.30 –14.00 Lunch
14.00 – 15.30 Session 1Title: Law, Development and Natural ResourcesChair:  Donatella AlessandriniPapers:

  • ‘The Cunning State Of Farmers’ Rights In India: An Epistemic Lock-In With Corporate Agriculture’, Dwijen Rangnekar, Warwick University
  • ‘Water Poverty, Sustainability and Human Rights: Situating the Person in Development’, Clare McCann, Northumbria University
  • ‘Whose Development Is It Anyway? A Discussion Of The Potential For Concepts Of Cosmopolitan Legal Pluralism To Address Tensions Between The Right To Development And The Impact Of Development Projects On The Rights Of Indigenous Peoples’, Louisa Riches, Leeds Metropolitan University
15-30 – 16.00 Refreshments
16.00 – 17.30 Session 2Title: IEL, Development and the EnvironmentChair: TBCPapers:

  • ‘Greening the Economy: A Story of Equity, Resilience and Resource Efficiency’, Jona Razzaque, University of Western England
  • ‘The ‘Green Economy’ Agenda, Foreign Investment And Development’, Priscilla Schwartz, University of East London
  • ‘Natural Seduction: Development and International Environmental Law’, Stephen Humphreys, LSE and Yoriko Otomo, SOAS
17.45 – 18.30 Plenary sessionLady Hale, Justice of the Supreme Court : “Should judges be socio-legal scholars?”
18.30 – 20.00 Evening Reception
Wednesday  27th March
08.30 Registration opens
09.00 – 10.30 Session 3Title: Law and the Juxtaposition of DevelopmentChair: TBCPapers:

  • ‘Lex and the Lexicon of Development’, Aurora Voiculescu, University of Westminster
  • ‘Reframing Development: Social Capital, Trust and the Law’, Clare Williams, SOAS
  • ‘Rescripting the Sovereign Debt Regime: The HIPC Framework and New Normative Values in the Governance of Third World Debt’, Celine Tan, Warwick University
10.30 – 11.00 Refreshments
11.00 – 12.30 Session 4Title: International Investment Law and DevelopmentChair: Bruce WardhaughPapers:

  • ‘Away from the Spotlight: BITs, Natural Resources and the Right to Water in Afghanistan’, Daria Davitti, Keele University
  • ‘‘Politically Motivated’ Conduct in Investment Treaty Arbitration’, Jonathan Bonnitcha, LSE
  • ‘International Economic Law, Culture and Development’, Valentina Vadi, Maastrich University
12.30 – 14.00 Lunch
13.00 – 14.00 SLSA AGM
14.00 – 15.30 Session 5Title:  IEL and Intersections with Development PracticeChair: Valentina VadiPapers:

  • ‘“Development as Freedom” and the Linkage of Human Rights to Trade: Is the EU’s Approach the Right One?’, Bruce Wardhaugh, Queens University, Belfast
  •  ‘Missing  the Link: A Gendered Perspective on Labour Regulation In Global Value Chains’, Ann Stewart, Warwick University
  • ‘Joining Law with Development: What do the Conjunctions Hide?’, Radha De Souza, University of Westminster
15-30 – 16.00 Refreshments
16.00 – 17.30 Session 6Title:  China and International Economic LawChair: Celine TanPapers:

  • ‘China’s Influence on Non-Trade Concerns in International Economic Law’, Paolo Davide Farah, Edge Hill University
  • ‘Do all roads lead to Rome? Competition Law and Development in New Competition Regimes’, Qianlan Wu, Nottingham University
  • ‘Access as the Gateway to Development’, Ting Xu, Queens University, Belfast.
17.30 – 18.30 Judging poster competition
19.30 – 22.30 Conference dinner – National Railway Museum  and SLSA Prize giving
Thursday  28th March
08.30 Registration opens
09.30 – 11.00 Session 7Title:Chair:Papers:
11.00 – 11.30 Refreshments
11.30 – 13.00 Session 8Title:Chair:Papers:
13.00 – 14.00 Lunch and end of conference
13.30 – 16.30 SLSA  Executive meeting

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    CONFERENCE Leaflet – Maastricht, January 19-20, 2011

CHINA’S INFLUENCE

ON NON-TRADE CONCERNS

IN INTERNATIONAL ECONOMIC LAW

THIRD CONFERENCE

Hosted at

Maastricht University – Faculty of Law

   January 19-20, 2012

CHINA-EU SCHOOL OF LAW (CESL) GRANT 2011 coordinated by Dr. Paolo Farah

DAY I – JANUARY 19, 2011

Afternoon Session: 14:30 – 19:30

13:15 – 13:45 Registration

13:45 – 14:10 Welcoming Speeches

14:10 – Start of the Session

Welcoming Speeches:

Anselm W. J. KAMPERMAN SANDERS, Director of the Institute for Globalisation and International Regulation (IGIR), Maastricht University Faculty of Law; Professor of Intellectual Property Law, Chair of European and International Intellectual Property Law

Paolo FARAH, University of Turin & Visiting Scholar Harvard Law School (East Asian Legal Studies); Scientific Director and CESL Grant Holder, Project on “China and Non-Trade Concerns”, CESL, Beijing

SESSION ONE: EU External Policies towards China in Pursuit of Non-Trade Concerns

PANEL CHAIR: Thomas CHRISTIANSEN, Maastricht University, Political Science Faculty of Arts and Social Sciences

Paolo FARAH, University of Turin & Visiting Scholar Harvard Law School (East Asian Legal Studies)

The EU External Action toward China on Non-Trade Concerns in International Economic Law

Sergi CORBALÁN, Executive Director of the Fair Trade Advocacy Office (FTAO), Brussels

Fair Trade and the new EU Policies on Corporate Social Responsibility and Development

Benjamin BARTON, King’s College of London

The EU, China and International Development

Antoine SAUTENET, Center for European Research of University of Rennes (CEDRE), French Institute for Foreign Relations (IFRI) in Paris

“Trade and Non-Trade Concerns in the EU-China PCA Negotiations: Prospects and Challenges for EU-China Strategic Partnership”

16:10 – 16:40 Coffee Break

16:40 – Start of the Session

SESSION TWO: China and Non-Trade Concerns in the Area of Intellectual Property Protection

PANEL CHAIR: Anselm W. J. KAMPERMAN SANDERS, Professor of Intellectual Property Law, Chair of European and International Intellectual Property Law, Maastricht University Faculty of Law

Anselm W. J. KAMPERMAN SANDERS, Maastricht University Faculty of Law

China-EU Relations in the Field of Intellectual Property Law

Arianna BROGGIATO, BIOGOV Unit, Université Catholique de Louvain, Centre for the Philosophy of Law (CPDR), Tom DEDEURWAERDERE, Director of the BIOGOV Unit, Université Catholique de Louvain, Centre for the Philosophy of Law (CPDR)

Genetic Resources and Traditional Knowledge at the Crossroads of Intellectual Property and the Environmental Regime

Rogiers CREEMERS, Centre of Socio-Legal Studies at Oxford University

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

Danny FRIEDMANN, Chinese University of Hong Kong, Faculty of Law

Intellectual Property and Censoring in China: Two Mirror Images of Innovation

Round Table:  Benjamin BARTON, Arianna BROGGIATO, Thomas CHRISTIANSEN, Sergi CORBALÁN, Rogiers CREEMERS, Paolo FARAH, Danny FRIEDMANN Anselm W. J. KAMPERMAN SANDERS, Antoine SAUTENET.

19:30 –  End of the Session

DAY 2 – JANUARY 20, 2011

Morning Session: 8:30 – 13:00

8:30 – 9:00 Registration

9:00 Start of the Session

SESSION THREE. Public Health, Product and Food Safety and Consumer Protection

PANEL CHAIR: Paolo FARAH, University of Turin & Visiting Scholar Harvard Law School (East Asian Legal Studies)

Lukasz GRUSZCZYNSKI, Polish Academy of Science, Law Institute

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

Denise PREVOST, Maastricht University, Faculty of Law

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

Enrico BONADIO, City University of London, City Law School

Plain Packaging of Cigarettes and Public Health under the TRIPS Agreement

Paolo VERGANO, FratiniVergano – European Lawyers & Ignacio CARRENO, FratiniVergano – European Lawyers

A Practitioner’s Perspective on Specific Non-Trade Concerns in the Areas of Food Safety and Consumer Protection: A Comparative Analysis of WTO Notifications

Andrea FILIPPETTI, Italian National Research Council and Harvard University, Kennedy School of Government & Francesca SPIGARELLI, University of Macerata, Faculty of Law

“Trend and Drivers of International Patenting: The Case of China in the Pharmaceutical Industry”?

Short papers:

Lorenzo DI MASI

The Protection of Public Health and Food Safety in East Asia RTAs: ASEAN and China

Round Table:  Enrico BONADIO, Lorenzo DI MASI, Paolo FARAH, Andrea FILIPPETTI, Lukasz GRUSZCZYNSKI, Denise PREVOST, Paolo VERGANO

13:00 – 14:30 Lunch

14:30 – 16:30 – Follow-up to the conference: Internal meeting among the speakers and contributors to the forthcoming book.

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LEAFLET – BEIJING CONFERENCE – TSINGHUA UNIVERSITY – January 14-15, 2012 FINAL

CHINA’S INFLUENCE

ON NON-TRADE CONCERNS

IN INTERNATIONAL ECONOMIC LAW

SECOND CONFERENCE

Hosted at

Tsinghua University – School of Law

   January 14-15, 2012

CHINA-EU SCHOOL OF LAW (CESL) GRANT 2011 coordinated by Dr. Paolo Farah

DAY I – JANUARY 14, 2011

Afternoon Session: 14:30 – 19:00

13:00 – 13:30 Registration

13:30 – 14:00 Welcoming Speeches

Welcoming Speeches:

WANG Mingyuan, Professor, Tsinghua University School of Law; Director, Center for Environmental, Natural Resources & Energy Law (THCEREL), Beijing

Paolo FARAH, University of Turin & Visiting Scholar Harvard Law School (East Asian Legal Studies); Scientific Director and CESL Grant Holder, Project on “China and Non-Trade Concerns”, CESL, Beijin

14:00 – Start of the Session

SESSION ONE: Multiculturalism, Liberalism, Right to Development and International Trade

PANEL CHAIR: LI Qiang, Beijing University, School of Government

LI Qiang, Beijing University, School of Government

The Concept of Liberalism and the Chinese Perspective

Daniel BELL, Tsinghua University, Faculty of Philosophy, Beijing

New Confucianism and Political Thinking for the Long Term: Expanding the Discourse on Human Rights and Democracy

Jean-Yves HEURTEBISE, Aix-Marseille University, CEPERC (Research Center for Comparative Epistemology and Ergology)

Non-Trade Concerns or the Challenge of the Universalization of Constitutionalism in China and the West

Hortenzia HOSSZÚ, Chinese Academy of Social Science, Institute of European Studies & Hungarian Academy of Science, Institute of Political Science

Role of the Chinese State in Non-Trade Concerns

15:45 – 16:15  – Coffee Break

16:15 – Start

Paolo FARAH, University of Turin & Visiting Scholar Harvard Law School (East Asian Legal Studies)

The Evolution of the GATT/WTO Case law towards Non-Trade Concerns and the Chinese Perspective

HAN Liyu, Renmin University Law School, Beijing

Human Rights Protection into the WTO: the Pursuit of Development of Trade and Protection of Human Rights

SUN Shiyan, Chinese Academy of Social Sciences, Center for International Studies, Beijing

China and the International Covenant on Civil and Political Rights in the light of the Economic Development

NING Libiao, Guizhou University, School of Law

Right to Food in China

Andrea COLORIO, PMAB Law Firm

Non Trade-Concerns, Cross-Cultural Transfers and Environmental Protection: Aspects of China´s New Real Rights Law in a Global Perspective

Short papers:

Ivan CARDILLO, University of Trento, Faculty of Law, Doctoral School in Comparative and European Legal Studies

China’s Influence on the European Enlightenment Economic and Legal Theory

18:15 – 19:00 Round Table

Round Table: Daniel BELL, Ivan CARDILLO, Andrea COLORIO, Paolo FARAH, HAN Liyu, Jean-Yves HEURTEBISE, Hortenzia HOSSZÚ, LI Qiang, SUN Shiyan

19:00  – End of the Session

19:15 – Dinner for the speakers

DAY 2 – January 15, 2011

Morning Session: 8:00-12:30

8:00 – 8:30 Registration

8:30 – Start of the Session

SESSION TWO: International Trade, Intellectual Property Rights, Foreign Direct Investment & Good Governance

PANEL CHAIR: Paolo FARAH, University of Turin & Visiting Scholar Harvard Law School (East Asian Legal Studies)

Antonella FORGANNI, Bocconi University, Faculty of Law in Milan and Beijing Normal University, School of Law

Good Governance in Trade Defence Measures

SHENG Jieming, University of International Business and Economics (UIBE), School of Law, Beijing

Legal and Economical Analysis of Dumping and Anti-Dumping under the Financial Crisis from a Chinese Perspective in the light of the Good Governance Principles

Elena CIMA, University of Eastern Piedmont and Marie Curie Fellow at Tsinghua University School of Law, Center for Environmental, Natural Resources & Energy Law (THCEREL), Beijing

Intellectual Property, Energy Technologies and the Developing World: a Case Study on China

SESSION THREE. Public Health, Product and Food Safety, Consumers Protection

PANEL CHAIR: WANG Mingyuan, Tsinghua University School of Law, Center for Environmental, Natural Resources & Energy Law (THCEREL), Beijing

ZHANG Ningning, Ministry of Industry And Information Technology, Electronic Technology Information Research Institute & FENG Shujie, Tsinghua University School of Law, Center for Research on Intellectual Property Law, Beijing

The Protection of Biotechnological Innovations by Patent: a Comparative Study between China, EU and US in the context of TRIPs agreement

LIAO Shi-ping, Beijing Normal University, School of Law

The Financial Legal Instruments adopted by the Chinese Government for Reasons related to Agricultural Security

HU Junhong, Beijing Normal University, School of Law

From Remedy of Damage to Risk Prevention: An Analysis of Legislative Ideas of the Chapter on “Product Liability” in China’s Tort Liability Law

Davide FOLLADOR, Franzosi – Dal Negro – Setti Law Firm

Geographical Indications and Consumers Protection in China Today

Round Table: Elena CIMA, FENG Shujie, Paolo FARAH, Davide FOLLADOR, Antonella FORGANNI, HU Junhong, LIAO Shi-ping, SHENG Jieming, WANG Mingyuan

12:30  – End of the Session

12:30 – 14:00 Lunch

14:00 – 16:00  Follow-up to the conference: Internal meeting among the speakers and contributors to the forthcoming book

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

2) Fundamental Rights and Cultural Diversity

3) Sustainable Development, Environmental Protection and Climate Change

CONFERENCE leaflet – Turin, November 23-24, 2011

LOCANDINA CESL 23-24 NOVEMBRE 2011 – PAGINA UNICA

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CONFERENCE leaflet – Turin, November 23-24, 2011

FIRST CONFERENCE

UNIVERSITY OF TURIN, LAW DEPARTMENT

CENTER OF ADVANCED STUDIES ON CONTEMPORARY CHINA, TURIN

                                            

CHINA-EU SCHOOL OF LAW (CESL) GRANT 2011 coordinated by Dr. Paolo Farah

DAY I – November 23, 2011

Afternoon Session: 14:30 – 19:00 – Aula Magna, Rettorato

 

13:15-13:45 Registration

13:45 – 14:30 Welcoming Speeches

Welcoming Speeches:

Gianmaria AJANI, Dean, University of Turin, Faculty of Law & Vice-Director of the Center of Advanced Studies on Contemporary China (CASCC), Turin

Stefania STAFUTTI, Director, Center of Advanced Studies on Contemporary China (CASCC), Turin

Raffaele CATERINA Director, University of Turin, Law Department

Paolo FARAH, University of Turin & Visiting Scholar Harvard Law School (East Asian Legal Studies); Scientific Director and CESL Grant Holder, Project on “China and Non-Trade Concerns”, CESL, Beijing

SESSION ONE

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

 

14:30 – 16:30

 

PANEL CHAIR: Gianmaria AJANI, University of Turin, Faculty of Law

Paolo FARAH, University of Turin & Visiting Scholar Harvard Law School (East Asian Legal Studies)

“The Process of Opening up the WTO to Civil Society and Non-Trade Concerns and the Chinese perspective”

Jean-Yves HEURTEBISE, Aix-Marseille University, CEPERC (Research Center for Comparative Epistemology and Ergology) & EU Marie Curie Fellow at Tsinghua University School of Law (Beijing)

“Understanding Non-Trade Concerns through Comparative Chinese and European Philosophy of Law”

Angelica BONFANTI, University of Milan, Faculty of Law

“Multinational Corporations & International Law:  Corporate Social Responsibility and Corporate Accountability with Chinese Particularities”

Valentina VADI, Maastricht University, Faculty of Law

“Law, Culture and the Politics of Chinese Outward Foreign Direct Investment”

Short Papers:

Nicolo ZINGALES, Bocconi University Faculty of Law

“The Governance of Markets: the Antimonopoly Law in China”

Lorenzo DI MASI

“Non-Trade Concerns and Regional Trade Agreements: the ASEAN and the Role of China”

16:30 – 17:00 – Round Table: Angelica BONFANTI, Lorenzo DI MASI, Paolo FARAH, Jean-Yves HEURTEBISE, Valentina VADI, Nicolo ZINGALES

17:00 – 17:15 PAUSE

SESSION TWO

Fundamental Rights and Cultural Diversity

 

17:15 – 18:15

 

PANEL CHAIR: Edoardo GREPPI, University of Turin, Faculty of Law

 

Flavia Zorzi GIUSTINIANI, University of Rome Tre, Faculty of Law & Università Telematica Internazionale – Uninettuno

“Right to Food from the Perspectives of Public International Law and WTO law”

Roberto SOPRANO, University of Salerno, Faculty of Law

“China and the Recognition and Protection of the Human Right to Water”

Christoph GERMANN, Law Schools of the Universities of Oxford & London, Birkbeck College

“China and Hollywood at WTO: Janus’ faces of freedom”

18:15 – 18:45 Round Table: Edoardo GREPPI, Flavia ZORZI GIUSTINIANI, Roberto SOPRANO, Christoph GERMANN


DAY 2 – November 24, 2011

 

Morning Session: 8:30 – 13:00

8:30-9:00 Registration

9:00 Begin of the Session

SESSION THREE

Sustainable Development, Environmental Protection and Climate Change

9:00 – 13:00

PANEL CHAIR: WANG Mingyuan, Tsinghua University School of Law, Center for Environmental, Natural Resources & Energy Law (THCEREL), Beijing

Francesco SINDICO, University of Dundee, Centre for Energy, Petroleum and Mineral Law and Policy

 “The Evolution of the International Climate Change Regime and Trade vs Environment Issues”

Thomas DELEUIL, Aix-Marseille University, Centre of International and European Research and Studies

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

Marion LEMOINE, Aix-Marseille University, Centre of International and European Research and Studies & Research group in Quantitative Economics of Aix Marseille

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

Jakob SKOOVGARD, Lund University Department of Political Sciences

“EU Climate Policy After the Crisis. The Debate over Whether the EU Should Move beyond its 20 Per Cent Greenhouse Gas Reduction Target”

10:30 – 11:00 – BREAK

HE Weidong, Shanghai Academy of Social Sciences (SASS) Law Institute

“China’s Environmental Legislation and its Trend towards Scientific Development”

LUO Li, Beijing Institute of Technology, Faculty of Law & Tsinghua University School of Law, Center for Environmental, Natural Resources & Energy Law (THCEREL), Beijing

“Reform of Judicial Relief System of Environmental Dispute in China”

PENG Feng, Shanghai Academy of Social Sciences (SASS) Law Institute

“The impact of the Kyoto Protocol and UNFCCC into the Chinese law and Consequent Reforms to Fight against Climate Change”

12:20 – 13:00 – Round Table : Gilles CAMPAGNOLO (Aix-Marseille University, CEPERC – Research Center for Comparative Epistemology and Ergology), Thomas DELEUIL, Paolo FARAH, Christoph GERMANN, Jean-Yves HEURTEBISE, HE Weidong, Marion LEMOINE, LUO Li, PENG Feng, Francesco SINDICO, Jakob SKOOVGARD, Valentina VADI, Flavia ZORZI GIUSTINIANI, WANG Mingyuan.

13:00 – 14:30 Lunch

14:30-16:30 – Follow-up to the conference: Internal meeting among the speakers and contributors to the forthcoming book.

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Introduction:

In the framework of the China-EU School of Law (CESL) Grant 2011 on “China and Non-Trade Concerns”, three conferences are organized. The first was held at University of Turin, Law Department & Center of Advanced Studies on Contemporary China (CASCC), Turin on November 23-24, the second at Tsinghua University, School of Law on January 14-15, 2012, the third of this series of conferences was held at Maastricht University, Faculty of Law on January 19-20, 2012.

A collected book edited by the Grant holder entitled “China’s Influence on Non Trade Concerns in International Economic Law” (tentative title) will be published with Ashgate Publishing (UK), ISBN 978-1-4094-4848-8 (under contract for publication – forthcoming 2012).

The book will be also published in Italian, Chinese and Hungarian thanks to the funding delivered by the China-EU School of Law in Beijing, the Department of Public, Civil Procedure, International and European Law at University of Milan and by the National Employment Service of Republic of Hungary.

EXECUTIVE SUMMARY:

The delocalization of production appears to be the sole response to the increasing competitive pressure exerted by low-cost producers on European firms. While this delocalization has resulted in loss of employment for European citizens within the EU, it may have a corrosive impact on the core societal values both in EU and in the host country. Both public opinion and policy makers fear that international trade, in particular a further liberalization thereof, may undermine or jeopardize policies and measures on a wide variety of issues, for example, the protection the environment and the sustainable development, good governance, cultural rights, labour rights, public health, social welfare, national security, food safety, access to knowledge, consumer interests and animal welfare. There is a general consensus that these non-trade concerns, which cover very different societal aspirations and fears, must be addressed in EU external policy and in particular measures relating to international trade and foreign direct investment. There is also the expectation that the EU should act in all the international arenas to defend and keep these values at the highest level of protection. However, many of the trade measures introduced by developed countries to address non-trade concerns have been met by developing countries with cautious distrust if not with resistance or dissent. Developing countries, including China, often doubt the authenticity of such concerns that can be inspired by protectionist aims, rather than genuine non-trade concerns. Moreover, developing countries see these measures as an attempt by developed countries to impose their social, ethical or cultural values and preferences on exporting developing countries.

Given the different and sometimes opposing interests of developing and industrialized countries, one may question whether international economic law may become a fairer system. If all the countries negotiated in international fora having always in mind the general common interests of the humanity as a whole, this would be the case. Unfortunately this is not the case: this is the reason why this project is timely and necessary. Amongst the new emerging economies, China is already playing a key role in drawing new rules of the game and it is important to evaluate, without prejudice and by taking into consideration its special context, China’s behavior internally and externally to understand which direction the world is being driven in by China.

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