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AGRICULTURAL TRADE: TAKING INTEGRATION SERIOUSLY

AGRICULTURAL TRADE: TAKING INTEGRATION SERIOUSLY Presentation by Elisabeth Bürgi, lic.iur, Attorney at Law World Trade Institute Berne, Switzerland. Presentation. WTO embedded in International Public Law Concept of Sustainable Development AoA: International, related standards?

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AGRICULTURAL TRADE: TAKING INTEGRATION SERIOUSLY

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  1. AGRICULTURAL TRADE: TAKING INTEGRATION SERIOUSLY Presentation by Elisabeth Bürgi, lic.iur, Attorney at Law World Trade Institute Berne, Switzerland

  2. Presentation • WTO embedded in International Public Law • Concept of Sustainable Development • AoA: International, related standards? • Logical Consequences • Question

  3. TRADE RULES: EMBEDDED PROCESS

  4. TRADE RULES: EMBEDDED PROCESS 1947 GATT „trade liberalization was embedded within a political commitment […] to the progressive, interventionist welfare state; to a particular political and social vision, including at the same time respect for diverse ways of implementing this vision […]“ Howse, 2002“

  5. TRADE RULES: EMBEDDED PROCESS International Process towards Sustainable Development: WTO Agreement, Preamble: „[…] expanding the production of and trade in goods and services, while allowing for the optimal use of world‘s resources in accordance with the objective of sustainable development […]“

  6. „CONSTITUTIONALITY?“ „Constitutional“ Principles of WTO and AoA versus Agreed Regulations?

  7. SUSTAINABLE DEVELOPMENT Concept of Sustainable Development: -evolved in the late eigthies / early nineties -answer to the increasing amount of „international community interests“ (Bruno Simma) -culmination of a fragmented process

  8. CONCEPT OF SUSTAINABLE DEVELOPMENT „Umbrella“ Concept: -merge the various international community interests -while applying certain given procedural and normative standards

  9. CONCEPT OF SUSTAINABLE DEVELOPMENT Basic Legal Documents: -Brundtland Report -UNCED Documents (Rio Declaration, Agenda 21) -Follow-Up Documents (UN Millenium Declaration 2000, Johannesburg Declaration on Sustainable Development 2002 )

  10. CONCEPT OF SUSTAINABLE DEVELOPMENT Concept: Consisting of 7 Principles Inter alia: • Principle of Intergenerational Equity • Principle of Common but Differentiated Responsabilities Core Principle: Principle of Integration

  11. PRINCIPLE OF INTEGRATION: 3 Pillars? 4th Pillar: Specific Development Concerns? 5th Pillar: Cultural Concerns?

  12. AGRICULTURAL TRADE: Relevant Standards?

  13. SOCIAL STANDARDS Human Rights: • ICESCR Art. 11 para 2: Right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing, housing.

  14. Discrepancies Example: Human Rights Committee on Economic, Social and Cultural Rights, 2003: “39. Please explain why 7 per cent of Brazilian children suffer from undernourishment, in spite of the fact that the national production of the grains would be sufficient to feed one and a half times the total population of Brazil […].”

  15. SOCIAL STANDARDS CEDAW Art. 14: Specific Rights regarding Rural Women etc.

  16. CULTURAL STANDARDS • UNESCO Universal Declaration on Cultural Diversity • UNESCO Convention on the Protection of the Diversity of Cultural Contents and Artistic Expressions (i.F.18.3.2007)

  17. ENVIRONMENTAL STANDARDS • Biodiversity • Water, Forest and Soil Protection • Fishery • Climate Protection

  18. ENVIRONMENTAL STANDARDS • Landscape Diversity: eg. Alp Convention

  19. DEVELOPMENT STANDARDS Declaration on the Right to Development (1986; soft law): i.a. Responsabilities of countries to cooperate in order to overcome the gap s. also Art. 2 ICESCR

  20. SECURITY CONCERNS National Security Concerns: i.a. UN Charter

  21. ECONOMIC STANDARDS Basic „Constitutional“ Principles of International Trade Agreements: -Transparency -Legal Certainty -Non-discrimination (notion differs from human rights discours) -Peaceful Settlement of Disputes -Efficiency -Open Market System: Policy Intervention by members states only if necessary

  22. OPTIMAL, INTEGRATED OUTCOME? Impacts of the AoA Regulations are optimal, when all the benchmarks are respected and promoted at most

  23. OPTIMAL, INTEGRATED OUTCOME? Decision Making Process: Structure according to established democratic standards, i.a. impact assessments ex ante and ex post Substantive Rules: -Treat different situations differently, allow for complexity -No „No way back principle“ -Leave as much policy space as necessary -Policy Measures have to be justified by referring to recognized benchmarks etc.

  24. AoA: ALTERNATIVES? • Do the current rules comply with these criteria? • Alternatives? > Brainstorming Workshop in November

  25. WHAT STANDARDS PREVAIL? Conflicts of standards: Hierarchy? (i.a. VCLT) -Prevalence of UN Charter? -jus cogens; obligations erga omnes -higher level of governance -lex posterior -Other Criteria based on normative value?

  26. WHAT STANDARDS PREVAIL? Examples: -Indonesia (right to food) vs Malaysia (right to food) -Switzerland (Biodiversity; cultural diversity) vs Kenya (right to food) -EC (clima protection) vs Brasil (North-South solidarity)

  27. DISCUSSION Thank you for your suggestions!

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