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Benoît Mayer and François Crépeau

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History and theoretical foundations of traditional BTAs

Fostering Environmental Protection

Alice Pirlot

The history of BTAs has been largely unexplored by the literature. Nevertheless, the historical analysis of traditional BTAs may contribute to a better understanding of BTAs’ main purpose and WTO legal limits to their adoption. This chapter discusses the historical development of BTAs against the background of the removal of tariffs, from Ricardo’s economic theory on free trade to more recent views expressed at the political level since the mid-20th century. This chapter first analyses BTAs’ economic foundations (Section 1). Second, the political history of BTAs is discussed (Section 2). Finally, this chapter offers an overview of BTAs’ main theoretical foundations (Section 3). Keywords: economic & political history; theoretical foundation; Ricardo; theory of comparative advantage; theory of absolute advantage

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Jorge E. Viñuales and Emma Lees

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Ruven Fleming

Chapter 1 introduces the two concepts of environmental protection and energy security. It assesses the main potential environmental issues as well as the major possible energy security benefits that are associated with shale gas extraction. The chapter starts by explaining what shale gas is, how it can be extracted and which terminology the industry uses. The chapter (and, indeed, the book) focuses on shale gas extraction because shale gas has the biggest potential of all `unconventionals´ to become commercially viable in the middle to long-term in Europe.

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Janet E. Milne

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Edited by Anna Grear

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Kirsten Davies, Sam Adelman, Anna Grear, Catherine Iorns Magallanes, Tom Kerns and S Ravi Rajan

The Declaration on Human Rights and Climate Change responds to the profound crisis of human hierarchies now characterizing the climate crisis. The Declaration, initiated prior to the 2015 COP 21 meeting by scholars from the Global Network for the Study of Human Rights and the Environment (GNHRE), is one of a convergence of initiatives reflecting the need to understand human rights as intrinsically threatened by climate change. This article introduces the Declaration, the necessity for it, its philosophical and legal background and its support by contemporary cases providing evidence of the escalating legal need for such a tool. A key aim of the Declaration is to trace out a potential normative approach for establishing responsibility towards the planet and redressing unevenly distributed vulnerabilities and climate injustices while recognizing that it is vital that respect for human rights should be understood as an indispensable element of any adequate approach to climate change. The Declaration strives to offer a compelling level of ethical appeal, as well as to be legally literate and philosophically rigorous. The drafting process engaged scholars and communities from across the world, prioritized indigenous involvement, and drew on indigenous ontologies and epistemologies. Newer philosophical approaches such as new materialist understandings of lively materiality also informed the drafting process. Accordingly, the language of the Declaration creates space for non-Western ways of seeing and being as well as responding to insights emerging from new scientific understandings of the world.

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Preface

Carbon Taxes, Energy Subsidies and Smart Instrument Mixes

Edited by Stefan E. Weishaar, Larry Kreiser, Janet E. Milne, Hope Ashiabor and Michael Mehling

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Preface

International Economic Law Perspectives

Edited by Celine Tan and Julio Faundez

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Introduction

International Economic Law Perspectives

Celine Tan and Julio Faundez

The current economic and ecological climate calls for a reappraisal of the international legal and political framework governing natural resources, defined broadly to include materials and organisms naturally occurring in the environment, such as water, mineral and fossil fuels, and cultivated resources, such as food crops, both renewable and exhaustible. This reappraisal is urgent because the governance and management of natural resources have formed a pivotal backdrop to the evolution of international economic law in the post-war period and have been critical components of the process of economic globalization. Contributors to this collection explore the different dimensions of natural resource governance in the contemporary economic, political and legal landscape. They reflect upon and address the different aspects of the conflicts and contradictions arising at the intersection between international economic law, sustainable development and other areas of international law, notably human rights law and environmental law.