The CISDL Sustainable Trade, Investment & Competition Law Research Programme aims to support and enhance present efforts to better integrate economic law principles with environmental and developmental decision making by states, corporations, civil society and IGOs. The area of sustainable economic law, particularly in relation to developing countries, is gaining growing attention. While WTO trade law alone, with over 20,000 pages of legal text, is not very accessible to the broader public, especially in the details and the specific provisions, sustainable development considerations do need to be much better taken into account. Much existing work on this subject lacks specificity and this programme aims to fill this gap by clarifying the state of current law, but also by proposing better means of implementation at the national, sub-regional, regional and international level.

• How does trade, investment and competition law relate to regional and international development law?
• What are the primary obligations for states at the national and international level to address trade and environment concerns, and what of trade and other economic development priorities?
• How are these to be realised?
• What are the legal tools and can these questions be answered in an integrated manner?
• What are the implications of trade, investment and competition for related fields of human rights, development and environmental law?
• How can corporations and inter-governmental organisations complement and assist these efforts and implement their own obligations?

Many states, inter-governmental organisations, corporations and civil society organisations are beginning to address the implications of economic law for sustainable development at the national, regional and international level. This programme aims to support such efforts by clarifying the nature of obligations, offering solutions and case studies and integrating this research in the context of international sustainable development law.

Sustainable Development & Regional Integration Agreements: This legal research seeks to define whether regional trading agreements really promote more trade in the aggregate on a global scale as is claimed by their defenders or whether they lead principally to diversion of trade within expanded regional groupings, and whether their political advantages outweigh their economic consequences. As the continuation of the ongoing work on regional trade agreements the CISDL has expanded this research area with two major new regional focuses. One project funded by IDRC focuses on the Americas and in combination with the Sustainable Health Law programme CISDL has committed to two legal case studies involving the application of impact assessment laws in North America and the Caribbean. The second regional project focuses on China and South East Asia to be funded by the Boell Foundation. The CISDL with Chinese partners will analyse China’s regional trade and investment agreements and identify ways to include innovative mechanisms to comply with the goal of sustainable development such as impact assessment. CISDL’s involvement in the ongoing project at McGill continues and will lead to a conference contribution in December 2006.

CISDL / IDLO Handbook on Sustainable Development in Project Finance Transactions: The CISDL and the IDLO will develop, together, an original book derived from research that describes the practical issues involved in structuring project finance transactions to ensure sustainable development.  The manual will explain the concept and principles of sustainable development, its utility in international and national law, its relevance to project finance transactions and practical applications of these principles in project finance transactions. It will draw from best practice material, including experience of major international financial institutions in structuring project finance transactions to ensure sustainability.  Two CISDL legal research fellows are coordinating this project. The outline has been approved by both sides and the final draft is scheduled for October, 2006.

CISDL ‘Economic Law in Practice’ Manuals Series with Globe Business Publishing: The CISDL has entered into a publishing agreement with Global Business Publishing to prepare a series of three handbooks that will serve as short guides to three areas of world economic law, for corporate counsel of firms and new associates in law firms who do not have backgrounds in international law. The three areas are world trade law, world investment law, and world competition law. The outline for the first, ‘World Trade Law in Practice’, has been developed, and a CISDL lead counsel and legal research fellow are coordinating the project. Each will contain sustainable development law sections in order to mainstream the legal concept of sustainable development for counsel practice.

Sustainable Global Trade, Investment and Competition Law: In 2003, two legal research papers, on ‘Sustainable Developments in World Trade Law’, and on ‘Sustainable Development and Competition Law’, were peer-reviewed by international advisors. Then, with funding and partnership from the IDRC and Foreign Affairs Canada, in collaboration with the LRCIL at Cambridge, TRALAC of South Africa, and the International Development Law Organisation, the CISDL hosted an experts panel event on ‘Sustainable Competition Law’ and another one on ‘Sustainable Developments in World Trade Law’ at the WTO 5th Ministerial Conference in September, 2003. The proceedings were displayed on the web site of International Trade Canada (ITC), and the competition law paper was reviewed in an Academic Workshop in February at McGill Law Faculty. A CISDL Research Fellow participated in the WTO Symposium for Civil Society in Geneva, 2005, and two other members participated in the WTO and Cotonou Agreement Sustainability Impact Assessment meetings of the European Commission in Brussels, 2005. A new book, Sustainable Development in World Trade Law, was published by Kluwer Law International, 2005, and was launched at the WTO Ministerial meeting in Hong Kong in December, 2005, in a Special Guest Reception in Hong Kong’s highest skyscraper, at the law firm Mallesons Stephen Jaques. The event was sponsored by the Canadian Chamber of Commerce in Hong Kong and the Canadian Consulate. In Hong Kong, a CISDL Member also spoke in the ‘Legal Dimensions of Trade and Development’ Symposium, which was organised by the Hong Kong University Faculty of Law and co-sponsored by the CISDL, which will help to edit the proceedings of this symposium. In Hong Kong, two legal experts panels were also hosted by the CISDL in the Canadian Delegation Room at the Ritz Carleton Hotel, one on Sustainability Impact Assessment of Trade Agreements, which featured speakers from Foreign Affairs Canada and the European Commission, and one on the US-Brazil Cotton Dispute, and how cases in the WTO dispute settlement mechanism can influence the positions of countries in WTO negotiations. Both resulted in excellent substantive discussions, based on legal working papers that will be prepared for further review and publication, the first with Edgar Elgar Publishing Company, and the second with the South Centre of Geneva. The CISDL is planning a second book, Sustainable Development in World Investment Law, for publication with Kluwer Law International’s global trade and investment series.

Dr Markus W. Gehring is the Lead Counsel of the Trade, Investment and Competition Programme as well as a lecturer in European and International Law at the University of Cambridge.

Research Fellows with the Trade, Investment and Competition Programme include Martin Endicott, Kishan Khoday, Osman Aboubakr, Andrew Newcombe and Joseph Wilson.

Other CISDL members cooperate with, and lead projects in the area of sustainable development law on Trade, Investment and Competition: Marie-Claire Cordonier Segger, Director of CISDL, leads the Americas work of the Trade, Investment and Competition Law programme and works on the Regional Trade Agreements project; Maria Leichner, Lead Counsel for Intersections, leads the Americas work; Jorge Cabrera, Lead Counsel for Sustainable Biodiversity Law and Michael Kerr, Lead Counsel for CSR, have both contributed to the research of the Trade, Investment and Competition programme.

Sustainable Development in World Trade Law– Developpement durable dans le droit du commerce mondial

Sustainable Development Assessment in the WTO Doha Round: Sustainable Development in World Trade Law

The Doha Round DSU Reform and WTO Agriculture Disputes

Selected Book

- Sustainable Development in World Trade Law, M. Gehring & M.C. Cordonier Segger, eds. (London: Kluwer Law International, 2005).

Selected Book Chapters

Marie-Claire Cordonier Segger, “The WTO, RTAs and Sustainable Development” in RTAs and the

WTO Legal System, L. Bartels, ed. (Oxford: Oxford University Press, 2006 – forthcoming).

Marie-Claire Cordonier Segger, “Canadian and UK Perspectives on Sustainable Development in Trade Law and Policy” in Canadian and UK Perspectives on International Law, C. Waters, ed. (Leiden: Martinus Nijhoff, 2006 – forthcoming).

Marie-Claire Cordonier Segger, Director, CISDL “Integrating Social and Economic Development and Environmental Protection in World Trade Law” in Sustainable Development in World Trade Law, M. Gehring & M.C. Cordonier Segger, eds. (London: Kluwer Law International, 2005), Preface by: Prof. Nicolas J. Schrijver, Professor, Leiden University

Markus W. Gehring & Kristin Price, “UK and Canadian Approaches to Kyoto Protocol Implementation” in Canadian and UK Perspectives on International Law, C. Waters, ed. (Leiden: Martinus Nijhoff, 2006 – forthcoming).

Markus W. Gehring, “Environmental Assessment and Regional Trade Agreements” in RTAs and the WTO Legal System, L. Bartels, ed. (Oxford: Oxford University Press, 2006 – forthcoming).

Dr. Markus W. Gehring, Lead Counsel, Trade, Investment and Competition Law, CISDL & Marie-Claire Cordonier Segger, “Sustainable Development through Process in World Trade Law” in Sustainable Development in World Trade Law, M. Gehring & M.C. Cordonier Segger, eds. (London: Kluwer Law International, 2005), Preface by: Amb. Sergio Marchi (Canada), former Chair, General Council, World Trade Organisation           

Dr. Markus W. Gehring, “Competition Law, Sustainable Development and the WTO” in Sustainable Development in World Trade Law, M. Gehring & M.C. Cordonier Segger, eds. (London: Kluwer Law International, 2005), Preface by: Prof. Frederic Jenny, Professor, Justice, Court de Cassation, France, former Vice President, Conseil de la Concurrence.

Martin Endicott, Legal Research Fellow, Trade, Investment and Competition Law, CISDL, “Investment in ICSID: Development Lessons for the WTO?” in Sustainable Development in World Trade Law, M. Gehring & M.C. Cordonier Segger, eds. (London: Kluwer Law International, 2005), Preface by: Prof. Thomas W. Wälde, Professor of International Economic, Natural Resources and Energy Law & Jean-Monnet Chair of EU Energy Law, University of Dundee.

Mario Prost, Legal Research Fellow, Trade, Investment and Competition Law, CISDL, “Is the European Union Becoming More Sustainable?” in Sustainable Development in World Trade Law, M. Gehring & M.C. Cordonier Segger, eds. (London: Kluwer Law International, 2005), Preface by:Prof. Armand de Mestral, Professor & Jean Monnet Chair, McGill University Faculty of Law; Director, European Studies Institute.

Dr. Kishan Khoday, Legal Research Fellow, Trade, Investment and Competition Law, CISDL, “Sustainable Development, Trade and Social Exclusion in Asia” in Sustainable Development in World Trade Law, M. Gehring & M.C. Cordonier Segger, eds. (London: Kluwer Law International, 2005), Preface by: Prof. Gary Sampson, former Senior Counsel, World Trade Organisation.

The following resources provide a good overview over the relevant areas of international law and are either focused on sustainable development issues or include interesting chapters about such issues. Please also take a look at the collaborative publications list of the CISDL.

M. Gehring & M. C. Cordonier Segger, Sustainable Development in World Trade Law (The Hague: Kluwer Law International, 2005)

G. Sampson, The WTO and Sustainable Development (Tokyo: UNU Press, 2005)

R. Howse & M. Trebilcock, Regulation of International Trade, 3rd ed. (Routledge, Boston 2005)

A. Newcombe, Investment Treaty Law and Arbitration (The Hague: Kluwer Law International, 2006)

A. Lowenfeld, International Economic Law (Oxford: Oxford University Press, 2002)

The following are a small selection of websites containing some of the most recent information of international trade law and practice and also informative sections about sustainable development:

1. The World Trade Organization

2. The United Nations Development Programme [trade and development link]

3  The World Bank

3. The International Centre for the Settlement of Investment Disputes

4.  The Association of South East Asian Nations

5.  The International Centre for Trade and Sustainable Development

4. The International Institute for Sustainable Development

5. The Canadian Ministry of International Trade

6. The European Directorate General for Trade

7. The Trade Law Centre for Southern Africa