From Exception to Promotion

Elena Cima, Ph.D, IHEID, is a Lecturer in International Energy Law at the University of Geneva. She has recently co-edited the book A Multifaceted Approach to Trade Liberalisation and Investment Protection in the Energy Sector (Brill, 2021) and has published in peer-reviewed journals.

• AcknowledgmentsList of IllustrationsTable of CasesTable of Treaties and LegislationsTable of DocumentsAbbreviations1 Introduction1 Vantage Points2 The Untold Story of the Trade/Environment Nexus2.1 Transcending the ‘Trade and …’ Debate2.2 The Importance of Historical Inquiry3 The Hidden Thread3.1 Trade Is a Means to an End3.2 The International Trade Regime Is Historically Contingent3.2.1 The Emergence of Free Trade thought—The 1850s3.2.2 Post-war Economic Reconstruction and the gatt3.2.3 The 1980s and the wto project3.2.4 A New Rationale?3.3 Individuals and Communities Contribute to Changes in Collective Ideas3.3.1 Right Conditions, Right Environment3.3.2 The Trade Policy Elite: The Creation of an Environment Un-Conducive to Learning and Change3.3.3 Making Learning Possible4 What Lies Ahead4.1 Choices4.2 A Cartography4.3 Structure of the Book2 First Came Economic Cooperation The Genesis of the Nexus1 The Moral Value of Trade and the Need for International Trade Cooperation1.1 The Senator from Tennessee and the International Dimension of Trade Policy1.2 ‘When Goods Don’t Cross Borders, Soldiers Will’1.3 The Call for an International Trade Conference1.4 Anglo-American Trade Collaboration: The Atlantic Conference1.5 Anderson’s Circus1.6 Meade’s Multilateral Approach to Trade Agreements1.7 Havana2 International Cooperation to Protect Our Spaceship Earth2.1 The Utilitarian Approach to Environmental Protection2.2 “We Have Met the Enemy and He Is Us”2.3 Spaceship Earth2.4 The ‘Internationalist’ from Oak Lake2.5 On the Road to Stockholm3 The Environment as a Late-Comer3.1 Mr. Clean—The Senator from Maine3.2 The Commerce Clause and the Limits to Federal Environmental Law-Making3.3 The Economic Purpose of Early European Environmental Efforts3.4 The Environment Overlooked at Havana3.5 unep and The Organizational Challenge3.6 The Environment as an ‘Add-On’: The Origin of the Nexus3 The Exception-Based Model1 The Environment Cornered in Exception Clauses1.1 The Environment Seen Through Free Trade Glasses1.2 Who’s Afraid of Environmental Measures?—Part i. Environmental Measures as Non-Tariff Barriers1.3 Who’s Afraid of Environmental Measures?—Part ii. The Harmonization Agenda1.4 The Exception to the Rule1.5 The Real Story of ‘Environmental’ Exceptions or ‘On How They Became Environmental’1.6 The Indeterminacy of Trade Law and the Neoliberal Turn2 Rivalry2.1 Dialogue of the Deaf2.2 Everyone for Themselves2.3 Between Two Fires2.4 Development First2.5 To Each His Own Fear2.6 Like Riding Bicycles3 How Exceptions Work: The Environment Upstaged3.1 A Clause to Prevent All Abuses3.2 A ‘Narrowly Defined’ Exception3.3 Who Bears the Risk of Non-Persuasion?3.4 Judges with Limited Mandate and Expertise3.5 Trade Liberalization First4 The Evolution of the Nexus The Quest for Balance1 The Need for Balance1.1 Lady Jackson1.2 Same Game, New Rules1.3 Which Takes Precedence, Environment or Development?1.4 Trade Too Can Harm the Environment1.5 Assessing Environmental Impacts1.6 Maquiladoras, Hazardous Waste, and the Pollution Haven Package1.7 This Is Not Solely an International Story2 Finding Balance2.1 Free Traders and Environmentalists: Together at Last2.2 The Committee on Trade and Environment: wto’s ‘Softer’ Version of Institutional Integration2.3 Seven ‘Faceless Foreign Judges’2.4 Finding Balance through Interpretation2.5 ftas and the Introduction of ‘Updated’ Exceptions2.6 An Exception and Nothing More3 Beyond Exceptions3.1 The (Not So) Thin Line between Exceptions and Exemptions3.2 The Right to Protect the Environment3.3 fta s’ Environmental Framework3.3.1 Environmental Principles3.3.2 Environmental Obligations3.3.3 Dispute Settlement3.4 The Road Ahead5 Can Trade Work for the Environment? The Promotion-Based Model1 Tables Have Turned1.1 The Instrumental Role of Trade1.2 A Global Green New Deal1.3 Trading Places: A Brief History of Means and Ends2 Negotiating Trade Rules with the Environment in Mind2.1 Plenty of Fish in the Sea?2.2 The Untapped Green Potential of the Subsides Agreement2.3 Three Ways to Protect the Environment2.4 Trade Sanctions and Forests Protection2.5 A New Kind of Environmental Bargain2.6 The EU’s Sustainable Commercial Policy2.7 From Exception to Promotioniiiiii3 The Power of Ideas3.1 From Weak to Strong Integration3.2 Watching the Seeds Grow3.3 The Development Factor3.4 It’s Not All About the Environment3.5 Two Birds with One Stone3.6 Missed Opportunities6 Conclusions1 Ideational Change2 Historical Contingency2.1 The gatt and Embedded Liberalism2.2 The wto and the Resurgence of Neoliberalism2.3 The 2030 Agenda and the Instrumental Role of Trade3 A New Trade Story3.1 One. The Trade Regime: Can’t Live Without It3.2 Two. Asking the Right Question3.3 Three. An Organizing Principle for the Trade RegimeBibliographyIndex