Examinando por Autor "Calle Saldarriaga M.A."

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    International Business, Trade and the Nagoya Protocol: Best Practices and Challenges for Sustainability in Access and Benefit-Sharing
    (Springer, 2020-01-01) Escobar-Pemberthy N.; Calle Saldarriaga M.A.; Universidad EAFIT. Departamento de Administración; Estudios Internacionales
    Biodiversity is critical for international trade, businesses and investment. However, the issue of their ownership and exploitation has been a matter of debate. Specifically, the access to biodiversity resources and the distribution of the associated benefits are at the core of the environmental economics debate. Since 1992, the Convention on Biological Diversity (CBD) established regulations for the access and benefits-sharing of genetic resources, which materialized in the 2010 Nagoya Protocol. In 2015, as part of the Sustainable Development Goals (SDGs), Goal 15 renewed countries’ commitment to the promotion of appropriate access to genetic resources, and equitable and fair sharing of the associated benefits, calling for countries to adopt the policy and strategic frameworks to implement the ABS regime. Using examples from developing countries in Latin America and the Caribbean, this chapter explains how the ABS regime is being implemented in relation to international business and trade, and analyzes how it brings opportunities, best practices and challenges in order for these countries to improve the balance in the relationship between biodiversity conservation and economic activities. These new circumstances support the identification of actions that governments and international business actors can follow to effectively use the ABS regime as a policy instruments that contribute to sustainability through the implementation of economic and environmental regulations. © 2020, Springer Nature Switzerland AG.
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    Sustainable production and trade discrimination: An analysis of the WTO jurisprudence
    (Universidad del Rosario, 2018-01-01) Calle Saldarriaga M.A.
    This article aims to examine the legality of trade measures addressing environmental conditions of production (ppms) in the context of non-discrimination provisions under the General Agreement on Tariffs and Trade (gatt)1 and the Agreement on Technical Barriers to Trade (tbt Agreement).2 It shows that the notion of de facto discrimination is still a sensitive subject in the analysis of origin-neutral measures, including those based on environmental ppms. Much of the discussion regarding ppms focuses on the issue of ‘like products’. The interpretation of ‘likeness’ has also served to classify ppms into the two categories of product related and non-product related. Such distinction rests on how the ppm affects the final product. However, it is important to analyse to what extent these measures can accord less favourable treatment to like products. The author argues that this requires a competition analysis. This article also elucidates how depending upon the applicable law (the tbt Agreement or the gatt) ppms are likely to face different legal challenges, particularly in terms of less favourable treatment. The author also assesses the possibility of transposing concepts such as ‘legitimate regulatory distinctions’ stemming from the tbt jurisprudence into gatt cases involving ppms, and whether there will be an additional ‘test’ for ppms characterised as tbt measures. This article is based on an extensive literature review and doctrinal legal research. © 2018, Universidad del Rosario. All rights reserved.