Rethinking, Repackaging, and Rescuing World Trade Law in the Post-Pandemic Era

Foreword
Acknowledgements
Contents
About the Contributors
List of Abbreviations
List of WTO Panel and Appellate Body Reports
1. Rethinking, Repackaging and Rescuing World Trade Law in the
Post-Pandemic Era
	I. Introduction
	II. The WTO and the Pandemic: Fundamental Challenges for International Trade Regulation
	III. The Aim and Structure of this Book
	IV. The Way Forward
PART I: RETHINKING WORLD TRADE LAW AND THE PANDEMIC
	2. An Overview of Trade-Related Measures Taken by WTO
Members During the COVID-19 Pandemic and a Few
Reflections Thereon
		I. Introduction
		II. Trade Restrictions
		III. Trade-Facilitating Measures
		IV. Subsidies
		V. Transparency Requirements
		VI. Conclusion
	3. Export Restrictions on Food Commodities During the COVID-19
Crisis: Implications for Food Security and the Role of the WTO
		I. Introduction
		II. COVID-19 and Food Security
		III. Rationale and Effects of Export Restrictions on Food Commodities
		IV. WTO Rules Governing Export Restrictions on Food Commodities
		V. Conclusions
	4. Time to Reform the Non-Actionable Subsidy Rules in the WTO:
The COVID-19 Subsidies and Beyond
		I. Introduction
		II. Are Current Covid-19 Subsidies Prohibited/Actionable?
		III. The Rationales to Justify Covid-19 Subsidies
		IV. A Preliminary Proposal: A New 'Non-Actionable Subsidy' Category
		V. Conclusion
	5. Rethinking WTO DSB Jurisdiction in Light of Pandemic, Climate
Change and Other Evolving Threats
		I. Introduction
		II. DSB Background and Jurisprudence
		III. COVID-19 Pandemic and Pandemic Recovery: Impacts on Trade and Trade Law
		IV. Rethinking the WTO DSB for Current and Future Threats
		V. Conclusion
	6. The WTO and Brazil’s Trade Responses Amid the Pandemic:
Can Transparency Overcome Populism?
		I. Introduction: International Trade and Trade Policies Matter
		II. National Trade Policy Responses to COVID-19
		III. The Value of Transparency and Technical Work in a Pandemic
		IV. Brazil as a 'Case Study': Trade-Related Regulatory Measures in Support of Health Policies
		V. Final Remarks
PART II: REPACKAGING WORLD TRADE LAW AND
SUSTAINABLE DEVELOPMENT
	7. Trade and UN SDGs 2030: The Interplay between Public International Law and Contract Law
		I. Setting the Scene
		II. Trade and Sustainability from the Perspective of Public International Law
		III. Trade and Sustainability from the Perspective of Contract Law
		IV. Concluding Thoughts: Interplay of Public International Law and Contract Law
	8. Combating Climate Change under the WTO: Exploring the Relevance of Process and Production Methods
		I. Introduction
		II. 'Likeness' and PPMS in the WTO Jurisprudence
		III. Carbon Taxes Based on PPMS
		IV. Can PPMS Relating to Combating Climate Change be Justified under GATT Article XX?
		V. Carbon Labelling and PPMS
		VI. Conclusion
	9. The EU Green Deal and International Trade Law: Bringing Trade and Sustainability Together
		I. Introduction
		II. Green Deal and European Trade Law Framework
		III. Green Deal and WTO Law
		IV. Regional Agreements, WTO and the Green Deal
		V. Conclusion
	10. Gender Mainstreaming in Free Trade Agreements: What have We Achieved, and What More is Needed for Inclusive Post-Pandemic Recovery?
		I. Introduction
		II. 'Building Back Better' after COVID-19: Can Free Trade Agreements Help?
		III. Best Practice Examples: North America and the EU
		IV. Putting Gender Equality Provisions into Action
		V. Conclusion
PART III: RESCUING WORLD TRADE LAW AND
OTHER FUNDAMENTAL CHALLENGES
	11. The Current State of Dispute Settlement at the WTO: How did We Get Here and What Next?
		I. Introduction
		II. History and Benefits of the Appellate Body
		III. The US Complaints Bring Appeals to a Halt
		IV. Requiem for the Appellate Body
		V. MPIA as a Single Possible Solution
		VI. Reactions to the MPIA Proposal
		VII. Conclusion: Many Questions  and a Few Answers
	12. Precedent in the MPIA: What Role for Consistency and Predictability?
		I. Introduction
		II. The Text of the MPIA and the Treatment of Prior Reports
		III. Precedent in the MPIA: A Two-Fold Analysis
		IV. Conclusions
	13. Is the Phase One Deal the Emergence of a ‘New Generation’
of Bilateral Trade Agreements
that Challenge the WTO?
		I. Introduction
		II. The 'Expanding Trade' Chapter, the Diversion of Trade and its WTO Consistency
		III. The Phase One Deal and the Legal Implications of Not being Characterised as a Regional Trade Agreement Pursuant to the Relevant WTO Provisions
		IV. Conclusions
	14. China’s Response to the
‘Market-Oriented Conditions’ Proposal
for WTO Reform and its Implications
in the (Post-) COVID-19 Era
		I. Introduction
		II. The Concerns behind the 'Market-Oriented Conditions' Proposal
		III. The Response at the Level of Specific Legal Instruments
		IV. The Response at the Level of Institutions of Political Economy
		V. The Response at the Level of Underlying Ideology
		VI. Conclusion
	15. Winning Strategy or Own Goal? Reflections on the United States Exiting the Trans-Pacific Partnership
		I. Introduction
		II. From P-4 to TPP
		III. The TPP Negotiations and US Politics
		IV. Criticism of the TPP
		V. Withdrawal from the TPP: Time did not Stand Still
		VI. From TPP to CPTPP
		VII. A CPTPP without the US: Good Call or Missed Opportunity?
		VIII. Conclusion
Index