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14 results

  • The European Commission's Glass Fibre Fabrics Investigation and the Boundaries Between Investment and Trade

  • Zaker AHMAD
  • Journal:
    Asian Journal of International Law / Volume 14 / Issue 1 / January 2024
    Published online by Cambridge University Press:
    15 August 2023, pp. 72-93
    Print publication:
    January 2024
    • Article
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  • In a 2020 anti-subsidy investigation concerning glass fibre fabric (GFF) products from Egypt, the European Commission (EC) attributed the Chinese government's conduct to the government of Egypt in a way that raised a systemic question about the boundary between trade and investment. This article argues that despite some overlap between the boundaries of these legal disciplines, the notions of trade and investment remain conceptually distinct. Customary rules of interpretation dictate that World Trade Organization (WTO) covered agreements are construed as facilitating trade relations and no further. Hence, an extension of WTO subsidy rules to cover outward investment promotion measures using the principles of state responsibility is untenable. Such a unilateral approach disproportionately affects the interests of developing countries, harming their efforts to draw green investments. This article recommends that new, balanced rules be designed to promote outward investments while limiting adverse trade impacts.

  • 2 - Trade-Related Measures to Spread Low-Carbon Technologies

  • from Part II - Case Studies
  • Edited by Thomas Cottier
  • Edited in association with Zaker Ahmad
  • Book:
    The Prospects of Common Concern of Humankind in International Law
    Published online:
    04 May 2021
    Print publication:
    13 May 2021, pp 95-152

  • Summary

    Climate change is a well-recognized common concern of humankind. On that basis, this chapter explores the implications of the Common Concern doctrine upon climate motivated rulemaking and implementation in the trade regime. The particular aspect of the climate change problem dealt with here is that of low-carbon technology diffusion. It is proposed that based on this doctrine, the prevalent narrative of trade and technology diffusion issues be reframed in a way that prioritizes the need for resolving existing market failures preventing new technologies from being adopted, especially those of high price, absence of incentives and lack of financing options. Going further, the chapter then closely analyses two potential trade measures – (i) carbon pricing with cross-border recycling of revenue for technology support, and (ii) better rates of official export credit support for low-carbon technologies. It is found that the doctrine of Common Concern, apart from being an excellent normative framing device, can aid better understanding of the WTO rules, and also inspire reforms thereof to facilitate diffusion of clean technologies.

The Prospects of Common Concern of Humankind in International Law
  • Edited by Thomas Cottier
  • Edited in association with Zaker Ahmad
  • Published online:
    04 May 2021
    Print publication:
    13 May 2021
  • The Common Concern of Humankind today is central to efforts to bring about enhanced international cooperation in fields including, but not limited to, climate change. This book explores the expression's potential as a future legal principle. It sets out the origins of Common Concern, its differences to other common interest legal principles, and expounds the potential normative structure and effects of the principle, applying an approach of carrots and sticks in realizing goals defined as a Common Concern. Individual chapters test the principle in different legal fields, including climate technology diffusion, marine plastic pollution, human rights enforcement, economic inequality, migration, and monetary and financial stability. They confirm that basic obligations under the principle of 'Common Concern of Humankind' comprise not only that of international cooperation and duties to negotiate, but also of unilateral duties to act to enhance the potential of public international law to produce appropriate public goods.