Exploring the relationship and interaction between economic interests and normative non-trade values, this book argues that the emergence and development of non-trade values is based on a complex dialectic interaction between selfish economic interests and normative values, and examines how their structural interdependence has given rise to a remarkable evolution in international trade. Conceiving this relationship as an intricate dialectic one that is neither purely value-driven, nor purely economic-interest-driven, it addresses the emergence, function, and role of non-trade values in international trade with a synthetizing approach and explores the results of their interaction in international economic intercourse. Approaching the non-trade issues of trade in a holistic manner, the book demonstrates that trade can operate smoothly only if it is framed by an architecture of normative value standards and international trade liberalization has reached the level where further development calls for cooperation also in fields that, at first glance, may appear to be non-trade in nature.
Foreword by Paolo Davide Farah
Introduction: Global Values and International Trade Law
Csongor István Nagy
Part 1: Cross-Cutting Value Standards in International Trade: Human Rights, Labor Standards and Environmental Protection
1. Business Meets Human Rights: Do We Need an International Treaty to Close the Gap?
Nóra Chronowski
2. Non-trade values, international trade and abuse of rights
Anthony Cassimatis
3. International Labour Standards and Non-Trade Values
József Hajdú
4. Climate Change: The Tipping Point for Investment Treaty Reform
Rebecca E. Khan
5. International Investment Agreements and Sustainable Environmental Development: The Case of the Kyrgyz Republic’s Mining Sector
Begaiym Esenkulova
6. Global Labor Rights and the Interstitial Role of Trade Law
Alan Hyde
Part 2. The Protection of Intellectual Property
7. Trade, Intellectual Property Rights and the Exercise of Autonomy
David Tilt
8. Copyright Aspects of the European Union’s Free Trade Agreements
Péter Mezei
Part 3. Investment Protection
9. Extricating the Illegality Requirement from Judicial Expropriation
Martin Jarrett
10. Third Party Funding for SME Access to Investment Arbitration
Bálint Kovács
11. Foreign Investment Policy in the Post-Lisbon Common Commercial Policy. An Institutionalist Perspective
Péter Márton and Szilárd Gáspár-Szilágyi
12. International Investment Agreements: Recalibration in Progress: Regulating Investor Behaviour Through IIAs
Lukas Vanhonnaeker
Index
Biography
Csongor István Nagy is professor of law at and head of the Department of Private International Law at the University of Szeged, Hungary, and research chair at the Center for Social Sciences of the Eötvös Loránd Research Network, Hungary. He is visiting professor at the Central European University, Budapest/New York and the Sapientia University of Translyvania, Romania. He is associate member at the Center for Private International Law at the University of Aberdeen, UK. He is admitted to the Budapest Bar, arbitrator at the Court of Arbitration attached to the Hungarian Chamber of Commerce and Industry and member of the Panel of Conciliators and Arbitrators at the International Centre for Settlement of Investment Disputes (ICSID). He graduated from the Eötvös Loránd University of Sciences (ELTE, dr. jur.) Hungary, in 2003, where he also earned a PhD in 2009. During his studies he was a member of the István Bibó College of Law and of the Invisible College. He received masters (LLM, 2004) and SJD degrees (2010) from the Central European University (CEU). As an exchange student, he pursued graduate studies in Rotterdam, Heidelberg,and Ithaca, New York (Cornell University). He had visiting appointments in the Hague (Asser Institute), Munich (twice, Max Planck Institute), Brno (Masarykova University), CEU Business School (Budapest), Hamburg (Max Planck Institute), Edinburgh (University of Edinburgh), London (BIICL), Riga (Riga Graduate School of Law), Bloomington, Indiana (Indiana University), Brisbane, Australia (University of Queensland), Beijing (China-EU School of Law), Taipei, Taiwan (National Chengchi University), Florence (European University Institute) and Rome (LUISS); and was senior fellow at the Center for International Governance Innovation in Canada and Eurojus legal counsel in the European Commission’s Representation in Hungary. He has more than 210 publications in English, French, German, Hungarian, Romanian, and (in translation) in Croatian and Spanish. His works have been widely cited, among other, by the Court of Justice of the European Union and the Hungarian Supreme Court.
