Full Description
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.
Contents
Forewords by: Professor Gianmaria Ajani, H. E. the Minister Gian Luca Galletti, Professor Gabrielle Marceau, H. E. the Minister Maurizio Martina
1. Introduction and Overview of the Book - Paolo Davide Farah
2. 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
3. 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
5. Rights Interest Litigation, Socio-Economic Rights and Chinese Labor Law Reform - Leïla Choukroune
6. Law, Culture, and the Politics of Chinese Outward Foreign Investment - Valentina Sara Vadi
7. Chinese Investment in Africa: Strengthening the Balance Sheet - Mark Klaver and Michael Trebilcock
Part II: Sustainable Development, Environmental Protection and Climate Change
8. Soft, Complex and Fragmented International Climate Change Practice: What Implications for International Trade Law? - Francesco Sindico, Julie Gibson
9. The Principle of Common but Differentiated Responsibilities in the International Regime of Climate Change - Imad Ibrahim, Thomas Deleuil, Paolo Davide Farah
10. The Kyoto Protocol: Carbon Pricing and Trade Prospects. The Clean Development Mechanism from the Perspective of the Developing Countries - Marion Lemoine
11. The Role of Domestic Policies in Fostering Technology Transfer: Evidence from China - Elena Cima
12. China's Environmental Legislation and Its Trend Towards Scientific Development - He Weidong
13. Research on the Reform of the Judicial Relief System for Environmental Disputes in China - Luo Li
14. The Impact of the Kyoto Protocol and UNFCCC on Chinese Law and the Consequential Reforms to Fight Climate Change - Carla Peng
15. The Development of NGOs in China: A Case Study on Their Involvement with Climate Change - Zhixiong Huang
16. 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
17. Understanding Non-Trade Concerns through Comparative Chinese and European Philosophy of Law - Jean Yves Heurtebise
18. The Right to Food in International Law and WTO Law: An Appraisal - Flavia Zorzi Giustiniani
19. The Right to Food in China: Cultural Foundation, Present and Future - Ning Libiao
20. Projections of China's Food Security to 2030: Obligations as an Agricultural Superpower - James R. Simpson
21. China and the Recognition and Protection of the Human Right to Water - Roberto Soprano
22. 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
25. Rise and Demise of US Social Media in China. A Touchstone of WTO and BIT Regulations - Danny Friedmann
26. 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
30. Non-Trade Concerns and Consumer Protection in China: Surrounding Issues - Piercarlo Rossi
31. Legal Protection of Consumers in Developing Countries: An Asian Perspective - A. Rajendra Prasad
32. 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
33. 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
35. Public Health, Intellectual Property Rights, and Developing Countries' Access to Medicines - Jayashree Watal
36. 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
37. Grasping Knowledge in Emerging Markets: is this the case of Western Pharmaceutical Companies in China? - Francesca Spigarelli, Andrea Filippetti
Index
