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Paolo Davide Farah, Foreword to Margeret Stout & Jeannine M. Love, A Radically Democratic Response to Global Governance. Dystopian Utopias, Transnational Law and Governance, gLAWcal Book Series, Routledge Publishing (New-York/London) ISBN 978-1-1386-5405-1, December 2016, pp. XIII-XV.

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3003155

Margaret Stout & Jeannine Lover - Book Cover - JPEG

Foreword to Margeret Stout & Jeannine M. Love, A Radically Democratic Response to Global Governance. Dystopian Utopias

Transnational Law and Governance, gLAWcal Book Series, Routledge Publishing (New-York/London) ISBN 978-1-1386-5405-1, December 2016, pp. XIII-XV.

21 Pages Posted: 20 Jul 2017

Paolo Davide Farah

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

Abstract

Nowadays, it is impossible to ignore the voices blaming the existing systems of governance within the borderless globalization system for being incapable of adequately responding to the problems and needs of the current age. The rage and discontent of a growing portion of the population who feel they have been left aside or who feel more insecure within prosperous Western societies, is demonstrated in the growing support of anti-system parties and candidates. Most recently – last but not least – the majority vote for “Brexit” in the referendum in the United Kingdom to leave the European Union, leaves us confronted with a burning question: What went wrong?

The necessity of finding an answer to this question has never been greater than today. The growing concerns regarding progressive climate change, rapid technological development, wars and conflicts affecting different parts of the world, terrorism, migration crisis, unstable and weak job market and the general insecurity of the populous cannot simply be criticized as collective paranoia against globalization. The rising inequality or insecurity even of the middle-class related therewith puts pressure on the existing social order and elites who often fail to keep a pace with these latest developments or to adequately respond to them in a time of crisis.

Keywords: Global Governance, Globalization, Democracy, Radical, Dystopian Utopias, Cooperation, Collaboration, Inequality, Development

Farah, Paolo Davide, Foreword to Margeret Stout & Jeannine M. Love, A Radically Democratic Response to Global Governance. Dystopian Utopias, Transnational Law and Governance, gLAWcal Book Series, Routledge Publishing (New-York/London) ISBN 978-1-1386-5405-1, December 2016, pp. XIII-XV.. Available at SSRN: https://ssrn.com/abstract=3003155

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Paolo Davide Farah, Foreword to Pasi Heikkurinen, Sustainability and Peaceful Coexistence for the Anthropocene, Transnational Law and Governance, gLAWcal Book Series, Routledge Publishing (New-York/London), ISBN 978-1-1386-3427-5, May 2017, pp. XIII-XVII.

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3003114

Pasi Heikkurinen - Book Cover - JPEG

Sustainability and Peaceful Coexistence for the Anthropocene (Foreword)

Transnational Law and Governance, gLAWcal Book Series, Routledge Publishing (New-York/London), ISBN 978-1-1386-3427-5, May 2017, pp. XIII-XVII.

Paolo Davide Farah

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

Abstract

The topic of ‘Anthopocene’ is part of a larger narrative, which is shedding light on the underpinnings of the problem: human beings and their value systems. The concept of ‘narrative’ is crucial in this regard. Narratives convey certain values, translate complex rational or irrational theories and policies into comprehensible forms, and contribute to their acceptance by public at large. The narrative of constant growth, never-ending economic and technological progress, and dominance of humans over nature is slowly confronted with its limitations. According to Vaclav Havel, it is a paradox: humans in the age of science and technology believe they are improving their lives by mastering the laws of nature and exploiting nature. However, it is the contrary: it is these natural laws that prevail over humans and will penalize them for wrongdoing. Humans wanted to conquer nature, and as a result they destroyed it. A change of the narrative is inevitably needed: Civilization needs to be based on a revived and recreated responsibility of the humankind, respecting the boundaries of the natural world. The narratives of science need to serve this cause as well, otherwise, even the bold visions of Elon Musk and other visionaries of colonizing Mars would only be escapes from the primary task of humans, which is taking over the responsibility for our lives and lives of future generations on the planet.

The Intergovernmental Panel on Climate Change (IPCC) has referred to climate change as ‘a change in the state of the climate that can be identified by changes in the mean and/or variability of its properties, and that persists for an extended period, typically decades or longer. It refers to any change in climate over time, whether due to natural variability or as a result of human activity.’ The wording is slightly different from the one used by the United Nations Framework Convention on Climate Change (UNFCCC), which refers to climate change as ‘a change of climate which is attributed directly or indirectly to human activity that alters the composition of the global atmosphere and that is in addition to natural climate variability observed over comparable time periods.’ What is important to note here is that IPCC is more cautious than UNFCCC in terms of blaming humans for climate change. This chapter briefly examines these theoretical aspects and its impact in the international negotiations.

 

Keywords: Sustainability, Climate Change, Environment, Earth, Nature, Human Beings, Anthropocene, Peaceful Coexistence, Geology, Neo-liberalism

Farah, Paolo Davide, Sustainability and Peaceful Coexistence for the Anthropocene (Foreword), Transnational Law and Governance, gLAWcal Book Series, Routledge Publishing (New-York/London), ISBN 978-1-1386-3427-5, May 2017, pp. XIII-XVII.. Available at SSRN: https://ssrn.com/abstract=3003114

Yixiang Deng, Daniele Brombal, Paolo Davide Farah (Corresponding Author), Angela Moriggi, Andrea Critto, Yun Zhou, Antonio Marcomini, “China’s Water Environmental Management Towards Institutional Integration. A Review of Current Progress and Constraints vis-a-vis the European Experience”, JOURNAL OF CLEANER PRODUCTION, 113 (2016) 285-298 (Available online since August 2015), Elsevier Publisher, Science Citation Index – SCI, Impact Factor: 6.207, DOI Information: http://dx.doi.org/10.1016/j.jclepro.2015.08.022

The full article can be downloaded at the following link:

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2700386

China’s Water Environmental Management Towards Institutional Integration. A Review of Current Progress and Constraints vis-a-vis the European Experience

Journal of Cleaner Production, 113 (2016) 285-298, Elsevier, SCI, Impact Factor: 4.167 (Available online since August 2015)

Yixiang Deng

Chinese Research Academy on Environmental Sciences (CRAES)

Daniele Brombal

Ca Foscari University of Venice

Paolo Davide Farah

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

Angela Moriggi

Ca Foscari University of Venice

Andrea Critto

Ca Foscari University of Venice

Yun Zhou

Chinese Research Academy on Environmental Sciences (CRAES)

Antonio Marcomini

Ca Foscari University of Venice

Abstract

In recent years, China has launched ambitious measures to tackle water pollution. As political commitment and public investment soared, Chinese environmental scientists and practitioners have engaged in a substantial debate on the reorganization of the country’s water management system. Domestic discussion has largely revolved around best practices adopted abroad, particularly in the European Union (EU), where the Water Framework Directive (WFD) has introduced an integrated management model based on the core concept of unity of the water cycle. This paper seeks to contribute to this debate, by appraising the regulatory, administrative, monitoring, and public participation dimensions of China’s water environmental management. Related progress and constraints are discussed in the evolving context of Chinese environmental policies, against the background of the relevant EU experience. Regulatory and administrative coordination and integration, and the adoption of a watershed-based management model, appear at present as essential prerequisites to overcome the fragmentation of China’s water environmental management. Despite recent efforts in this direction, institutional rationalization is still hampered by the persistence of conflicting interests and attributions among government bodies concurring to law making and implementation.

Keywords: China, Water, Environmental Management, Institutions, EU Water Framework Directive

JEL Classification: Q20, Q25, Q13, K32, N35, N45, N55, N75, I18, K00, K23, K33, O21

Deng, Yixiang and Brombal, Daniele and Farah, Paolo Davide and Moriggi, Angela and Critto, Andrea and Zhou, Yun and Marcomini, Antonio, China’s Water Environmental Management Towards Institutional Integration. A Review of Current Progress and Constraints vis-a-vis the European Experience, Journal of Cleaner Production, 113 (2016) 285-298, Elsevier

SCI, Impact Factor: 4.167.

The full article can be downloaded at the following link: https://ssrn.com/abstract=2700386

 

Paolo Davide Farah, “A Comparison Between Shale Gas in China and Unconventional Fuel Development in the United States: Water, Environment and Sustainable Development” (with Riccardo Tremolada), 41 BROOKLYN JOURNAL OF INTERNATIONAL LAW 2, Spring Issue, 2016, pp. 579 – 654.

The Paper is fully available at the following link: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2802157

A Comparison between Shale Gas in China and Unconventional Fuel Development in the United States: Water, Environmental Protection, and Sustainable Development

Paolo Davide Farah

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

Riccardo Tremolada

Cleary Gottlieb Steen & Hamilton LLP; gLAWcal – Global Law Initiatives for Sustainable Development

Abstract

China is believed to have the world’s largest exploitable reserves of shale gas, although several legal, regulatory, environmental, and investment-related issues will likely restrain its exploitation. China’s capacity to face these hurdles successfully and produce commercial shale gas will have a crucial impact on the regional gas market and on China’s energy mix, as Beijing strives to decrease reliance on imported oil and coal, and, at the same time, tries to meet growing energy demand and maintain a certain level of resource autonomy. The development of the unconventional natural gas extractive industry will also provide China with further negotiating power to obtain more advantageously priced gas. This article, which adopts a comparative perspective, underlines the trends taken from unconventional fuel development in the United States, emphasizing their potential application to China in light of recently signed production-sharing agreements between qualified foreign investors and China. The wide range of regulatory and enforcement problems in this matter are increased by an extremely limited liberalization of gas prices, lack of technological development, and barriers to market access curbing access to resource extraction for private investors. This article analyzes the legal tools that can play a role in shale gas development while assessing the new legal and fiscal policies that should be crafted or reinforced. It also examines the institutional settings’ fragmentation and conflicts, highlighting how processes and outcomes are indeed path dependent. Moreover, the possibilities of cooperation and coordination (including through U.S.-China common initiatives), and the role of transparency and disclosure of environmental data are assessed. These issues are exacerbated by concerns related to the risk of water pollution deriving from mismanaged drilling and fracturing, absence of adequate predictive evaluation regulatory instruments and industry standards: this entails consequences for social stability and environmental degradation which are inconsistent with the purposes of sustainable development.

 

Keywords: Shale Gas, Unconventional Fuel, China, U.S.A., Water, Energy, Environmental Protection, Sustainable Development, Comparative Law, Foreign law, Science and Technology, International Law, Transparency, Pricing, Investments, Trade, Production-sharing, Market Access, Taxation, Fiscal Policies, Social

JEL Classification: A12, A13, D40, D62, D81, F10, F13, F18, H23, K32, K33, Q4, Q40, Q41, Q42, Q43, Q48, F1, F13, F40

Farah, Paolo Davide and Tremolada, Riccardo, A Comparison between Shale Gas in China and Unconventional Fuel Development in the United States: Water, Environmental Protection, and Sustainable Development, Brooklyn Journal of International Law, Vol. 41, No. 2, 2016. Available at SSRN: https://ssrn.com/abstract=2802157

Paolo Davide Farah, “Conflict between Intellectual Property Rights and Human Rights: A Case Study on Intangible Cultural Heritage” (with Riccardo Tremolada), 94 OREGON LAW REVIEW 1, December 2015, pp. 125 – 177.

The paper is fully available at the following link:  http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2705698

Conflict between Intellectual Property Rights and Human Rights: A Case Study on Intangible Cultural Heritage

Paolo Davide Farah

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

Riccardo Tremolada

Cleary Gottlieb Steen & Hamilton LLP; gLAWcal – Global Law Initiatives for Sustainable Development

Abstract

The ability to protect and safeguard cultural heritage is of vital importance to some communities. Without the ability to maintain control over these expressions, external subjects could freely appropriate them, which could negatively affect the community’s identity, spirituality, and general well-being. Increasing awareness regarding cultural heritage provides momentum to better define a legal framework for the protection of the intangible goods that constitute cultural heritage. It is fundamental to ascertain whether the current intellectual property rights (IPR) regime represents an adequate model of protection vis-à-vis intangible cultural heritage (ICH). The culture’s unique concerns, which variably affect ICH, make it difficult to compare the rationales for these two legal domains. These concerns are pivotal in elaborating the need for legal protection. Not only does misuse and misappropriation of ICH cause economic damage, but it also violates the community’s human rights and identity.

Accordingly, a range of issues must be taken into consideration, starting with the desirability of the commodification, or “reification,” which would allow communities to control the commercialization of their ICH through the current IPR regime. To adequately address concerns about commodification, a legal framework must be developed that can guarantee adequate advantages for the countries and communities where the intangible goods originate. This legal framework must, in due time, boost the efforts of these communities to promote a self-sustainable model of economic development and lead them through the inevitable social policy changes that would accompany new ICH protections.

Therefore, our study aims to clarify theoretical and practical legislative tools available to help the actors concerned ascertain how to exploit, trade, and market their own resources and heritage within the global market. Bearing in mind that there are numerous potential legal remedies or amendments to the current legal regime covering the protection of cultural heritage, it is not conceivable to tackle this issue as one uniform hurdle. Each community’s ICH concerns are extremely specific, and, as a result, it may be appropriate to apply ad hoc legal remedies to some, but not all, circumstances involving ICH.

This analysis consists of five Parts. Part I defines fundamental concepts associated with ICH. Part II looks at ICH as a continuous process of social involvement that helps preserve cultural identification. Part III analyzes the current forms of protection available for cultural expression and knowledge. Part IV discusses the shortcomings of adopting a single, all-embracing, umbrella solution and analyzes ways in which the current IPRs can help protect ICH. And finally, Part V proposes ways to modify and improve the current IPRs to protect ICH more efficiently.

Keywords: Intellectual Property, IP, Technology Transfer, Human Rights, Sustainable Development, Intangible Cultural Heritage, Indigenous People, Commodification, Local Communities, IPR, ICH, UNESCO, Patents, Copyrights, Trademarks

JEL Classification: O30, O31, O32, O33, O34, O38, O39, K11, K12, K33

Farah, Paolo Davide and Tremolada, Riccardo, Conflict between Intellectual Property Rights and Human Rights: A Case Study on Intangible Cultural Heritage, Oregon Law Review, Vol. 94, No. 1, 2015. Available at SSRN: https://ssrn.com/abstract=2705698

Paolo Davide Farah, “WTO and Renewable Energy: Lessons from the Case Law” (with Elena Cima), 49 JOURNAL OF WORLD TRADE 6, Kluwer Law International, ISSN: 1011-6702, December 2015, pp. 1103 – 1116. The article is fully available at:  http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2704453

WTO and Renewable Energy: Lessons from the Case Law

49 JOURNAL OF WORLD TRADE 6, Kluwer Law International, ISSN: 1011-6702, December 2015, pp. 1103 – 1116

Paolo Davide Farah

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

Elena Cima

Graduate Institute of International Studies; Yale Law School

Abstract

This contribution illustrates some unresolved issues and tensions that characterize the way the WTO deals with renewable energy subsidies. Indeed, the indisputable urgency to address the negative impacts of climate change on the one hand, and the use of subsidies to boost and support a country’s renewable energy sector on the other, provide momentum to better define the legal framework offered by the World Trade Organization (WTO). It is fundamental to ascertain whether the current framework represents an adequate model to address renewable energy subsidies, or whether a more flexible interpretation of WTO Agreements toward sustainable development and the protection of the environment should be adopted instead. In view of that, this paper carefully investigates the evolution of the WTO subsidies disciplines, focusing in particular on the approach of the WTO towards renewable energy subsidies. This article is divided in three sections. The first one offers an overview of WTO disputes involving subsidies in the renewable energy sector, the second one focuses on the recent decisions in the Canada – Renewable Energy and Canada – Feed-in Tariff Program disputes and on some important issues they raise, while in the last one we draw our conclusions.

Keywords: WTO, World Trade Organization, Renewable Energy, Feed-in Tariffs, Canada, Subsidies, Dispute Settlement System

JEL Classification: : K33, K32, F02, H23, L95, L50, L55, N70, N75, Q20, Q28, Q30, Q32, Q38, Q40, Q48

Farah, Paolo Davide and Cima, Elena, WTO and Renewable Energy: Lessons from the Case Law, 49 JOURNAL OF WORLD TRADE 6, Kluwer Law International, ISSN: 1011-6702, December 2015, pp. 1103 – 1116. Available at SSRN: https://ssrn.com/abstract=2704453

Paolo Davide Farah, “World Trade Organization, Renewable Energy Subsidies and the Case of Feed-in Tariffs: Time for Reform Toward Sustainable Development?” (with Elena Cima), 27 THE GEORGETOWN INTERNATIONAL ENVIRONMENTAL LAW REVIEW 4, December 2015, pp. 515 – 537.

The Full Paper is available at the following link:

 https://ssrn.com/abstract=2704398

World Trade Organization, Renewable Energy Subsidies and the Case of Feed-In Tariffs: Time for Reform Toward Sustainable Development?

Georgetown International Environmental Law Review (GIELR), Vol. 27, No. 1, 2015

Paolo Davide Farah

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

Elena Cima

Graduate Institute of International Studies; Yale Law School

Abstract

Renewable energy subsidies are crucial for combatting climate change, and yet the world’s international legal infrastructure is not designed to accommodate such subsidies. The world needs a renewable energy sector to develop and implement the technologies necessary to reduce carbon and renewable subsidies are one of the best ways to cultivate this sector quickly. At the same time, one country’s unfair subsidies can harm another country’s industry. To take a recent newsworthy example, China’s subsidies for its solar exports has allegedly bankrupted solar companies in the United States (US) and European Union (EU), undermining this crucial sector in these countries as it takes root. Thus, renewable subsidies pit two legitimate policy concerns against each other: cultivation of renewable energy and prevention of unfair trade practices.

The World Trade Organization (WTO) regulates most subsidies effectively, but was simply not designed with renewable subsidies in mind. The Agreement on Subsidies and Countervailing Measures (SCM) – the heart of the WTO subsidies regime – treats renewable subsidies the same as all other subsidies, without an environmental exception in force that takes into account non-trade concerns. This environmental blind spot is unusual for the WTO: for example, Article XX of the General Agreement on Tariffs and Trade (GATT) includes an environmental exception for tariffs and other non-subsidy measures. However, an environmental exception did not make it into the SCM, leaving the agreement ill-suited to balance trade and environmental concerns.

This article proposes several legal solutions to fix the SCM’s environmental blind spot – invocation of the Agreement on Agriculture (AoA) for some subsidies, using the SCM’s definition of subsidies to exclude some forms of support for renewable energy — especially Feed-in Tariffs (FITs) – from the WTO’s subsidies regime entirely, adopting a flexible interpretation of GATT Article XX’s environmental exception such that it may apply to subsidies, and negotiating a new WTO agreement for renewable subsidies. Of all the solutions proposed, this article argues that the best approach would be to apply GATT Article XX to the SCM. This approach is not obvious, because WTO law does not make clear the relationship between the GATT and the SCM. Nevertheless, strong legal and policy reasons support this approach.

This article proceeds as follows: Part II provides background, first on renewable subsidies, then on the current WTO regime governing subsidies. Part III discusses the proposed legal solutions to the WTO’s green subsidy problem. Part IV compares the proposed solutions and concludes that applying Article XX to the SCM is the best approach.

Keywords: World Trade Organization, WTO, GATT, Sustainable Development, Environment, Energy, Feed-in-Tariffs, Subsidies, Financial Contribution, Ethanol, FIT, Climate Change, International Environmental Law, Local Content Requirement, China, Agriculture, Green, Tax Incentives, Loans, Price Support

JEL Classification: K33, K32, F02, H23, L95, L50, L55, N70, N75, Q20, Q28, Q30, Q32, Q38, Q40, Q48

Suggested Citation:

Farah, Paolo Davide and Cima, Elena, “World Trade Organization, Renewable Energy Subsidies and the Case of Feed-In Tariffs: Time for Reform Toward Sustainable Development?”, Georgetown International Environmental Law Review (GIELR), Vol. 27, No. 1, 2015. Available at SSRN: https://ssrn.com/abstract=2704398