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Book part
Publication date: 1 January 2005

Daniel Bodansky

Although the general theory of greenhouse warming has been understood by scientists since the end of the nineteenth century, an international regime to address the problem of…

Abstract

Although the general theory of greenhouse warming has been understood by scientists since the end of the nineteenth century, an international regime to address the problem of climate change began to develop only in the late 1980s.1 In the decade and a half since then, the regime has undergone a remarkable evolution. In 1992, states adopted the UN Framework Convention on Climate Change (UNFCCC), which took effect in 1994 and serves as the “constitution” for the international climate change regime.2 In 1997, the UNFCCC was supplemented by the Kyoto Protocol, which requires industrialized countries to reduce their emissions of carbon dioxide and five other gases that contribute to the greenhouse effect (so-called “greenhouse gases” or GHGs for short). And the 2001 Marrakesh Accords further elaborate the Kyoto Protocol's regulatory regime, setting forth detailed rules for how the Kyoto Protocol will operate.

Details

Perspectives on Climate Change: Science, Economics, Politics, Ethics
Type: Book
ISBN: 978-0-76231-271-9

Book part
Publication date: 10 June 2015

Frances Mary D’Andrea and Yue-Ting Siu

For students who are blind or visually impaired, technology enables greater access to the educational curriculum, immediate and independent access to information, and full…

Abstract

For students who are blind or visually impaired, technology enables greater access to the educational curriculum, immediate and independent access to information, and full participation in community and citizenship. This chapter reviews research on technology use by students with visual impairments, and highlights effective practices, promising developments, and ongoing challenges. The authors discuss the implications of these advancements on policy, instruction, professional development, and future research.

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Efficacy of Assistive Technology Interventions
Type: Book
ISBN: 978-1-78441-641-6

Keywords

Book part
Publication date: 2 August 2016

Anne M. Rector, Bunny Sandefur, Marco Ceccagnoli, Meadow Clendenin and Louise Hallenborg

This chapter provides an overview of the five main modes of intellectual property (IP) protection – patents, copyrights, trademarks, trade secrets, and designs – available in the…

Abstract

This chapter provides an overview of the five main modes of intellectual property (IP) protection – patents, copyrights, trademarks, trade secrets, and designs – available in the United States, the European Union, and Japan. After describing the purposes of and principal differences among the five types of IP protection and outlining the advantages of each form, the chapter provides country- and region-specific information. The authors highlight the aspects of IP law in which international harmonization has, or has not yet, occurred, and offer insights into the relative advantages of various national and regional IP protection systems.

Details

Technological Innovation: Generating Economic Results
Type: Book
ISBN: 978-1-78635-238-5

Keywords

Abstract

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Handbook of Transport and the Environment
Type: Book
ISBN: 978-0-080-44103-0

Book part
Publication date: 13 April 2015

Maria Alejandra Calle

This chapter provides a legal and theoretical overview of environmental PPMs articulated in private standards. It seeks to expand the debate about environmental PPMs, elucidating…

Abstract

Purpose

This chapter provides a legal and theoretical overview of environmental PPMs articulated in private standards. It seeks to expand the debate about environmental PPMs, elucidating important dimensions to the issue from the perspective of global governance and international trade law. One of the arguments advanced in this chapter is that a comprehensive analysis of environmental PPMs should consider not only their role in what is regarded as trade barriers (governmental and market driven) but also their significance in global objectives such as the transition towards a green economy and sustainable patterns of consumption and production.

Methodology/approach

This chapter is based on an extensive literature review and doctrinal legal research.

Findings

This research shows that environmental PPMs represent a key issue in the context of the trade and environment relationship. For decades such measures have been thought of as being trade distortive and thus incompatible with WTO law. Although it seems clear now that they are not unlawful per se, their legal status remains unsettled. PPMs can be regarded as regulatory choices associated with a wide range of environmental concerns. However, in trade disputes, challenged measures involving policy objectives addressing production issues in the conservation of natural resources tend to focus on fishing/harvesting techniques. On the other hand, an important goal of Global Environmental Governance (GEG) is to incentivise sustainable consumption and production in order to achieve the transition to a green economy. In this sense, it can be argued that what are generally denominated as ‘PPMs’ in the WTO terminology can alternatively be regarded ‘SCPs’ in the language of environmental governance. Environmental PPMs are not only limited to state-based measures, such as import bans, tariff preferences, and governmental labelling schemes. Environmental PPMs may also amount to good corporate practices towards environmental protection and provide the rationale for numerous private environmental standards.

Practical implications

Most academic attention afforded to environmental-PPMs has focused on their impacts on trade or their legality under WTO law. Although legal scholars have already referred to the significance of such measures in the context of environmental governance, this issue has remained almost entirely unexplored. This chapter seeks to fill the gap in the literature in this regard. In particular, it addresses the relevance of environmental PPMs in the context of decentralised governance initiatives such as the UN Global Compact and private environmental standards.

Originality/value

Overall, this chapter assists in the understanding of the significance of environmental PPMs in the context of private environmental standards and other governance initiatives involving goals related to sustainable consumption and production. This chapter adds to the existing body of literature on the subject of PPMs in international trade and environmental governance.

Details

Beyond the UN Global Compact: Institutions and Regulations
Type: Book
ISBN: 978-1-78560-558-1

Keywords

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Book part
Publication date: 6 June 2023

Abstract

Details

Airlines and Developing Countries
Type: Book
ISBN: 978-1-80455-861-4

Book part
Publication date: 1 February 2009

Tim Josling

Agricultural trade has generated more than its share of disputes in the past fifty years. Lack of a clear structure of rules to constrain government activity in these markets…

Abstract

Agricultural trade has generated more than its share of disputes in the past fifty years. Lack of a clear structure of rules to constrain government activity in these markets, coupled with the particularly sensitive nature of trade in basic foodstuffs, has been the main cause of this disproportion. New rules agreed in the Uruguay Round provided an improved framework for government policy in this area, and a temporary exemption was given to certain subsidies from challenge in the WTO (the Peace Clause). However, the expiry of the Peace Clause in 2003 and a growing willingness on the part of exporters to challenge domestic farm programs in other countries through action under the Dispute Settlement Understanding has once again stirred the agricultural pot. Now trade disputes are frequently leading to litigation, encouraged by the slow progress in the Doha Round of trade negotiations. In particular, the scope for domestic subsidies, under the Agreement on Agriculture and the Agreement on Subsidies and Countervailing Measures, has increasingly become the subject of litigation. Countries may have to further modify their domestic policies so as to reduce their vulnerability to challenge in the WTO.

Details

Trade Disputes and the Dispute Settlement Understanding of the WTO: An Interdisciplinary Assessment
Type: Book
ISBN: 978-1-84855-206-7

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