EU leverages trade for sustainable development

Attorney Cyprian Liske presents at the University of Bologna.
Used with permission.

"Sustainability" is the word of our times, and the European Union has more than a decade's experience building sustainability expectations into trade agreements.

At the University of Bologna in October, for a program of the Guild of European Research-Intensive Universities, doctoral candidate Cyprian Liske, my friend, colleague, and former student, presented his research on sustainable development provisions in EU trade agreements concluded from 2010 to 2020. Here is the abstract:

On 27th November 2019, Ursula von der Leyen, at that time President-elect of the European Commission, delivered a speech in the European Parliament, in which she set a concise programme for the next 5 years of her term of office. "Sustainability" was mentioned in this speech no less than 8 times. "We have to bring the world with us and this is already happening," Ms. President said. "And Phil Hogan [at that time Commissioner for trade] will ensure that our future trade agreements include a chapter on sustainable development."

Indeed, the EU has been including trade and sustainable development (TSD) chapters in new-generation trade agreements since the Free Trade Agreement with South Korea (2010). However, such TSD chapters, devoted to the realisation of the Sustainable Development Goals, including environmental protection, preventing resource depletion, or protecting workers' rights, differ substantially in agreements concluded with particular countries....

The goal of the project was to comparatively analyse TSD chapters in trade agreements concluded by the EU in 2010-2020, pointing out common elements and differences. The analysis will let us critically explore what the reasons for those differences may be (e.g., the course of negotiations, economic dependency, trade partners’ level of development) and whether the EU is consistent in its sustainability requirements set towards its trade partners. It will also allow us to depict the current tendencies in the way how such TSD chapters are shaped by the EU in comparison with the global trends. The comparative analysis of the EU TSD chapters was conducted by the researcher qualitatively and quantitatively with the use of software (MAXQDA 2022).

The research parses the interests advanced by EU agreements..
© Cyprian Liske; used with permission.

The Biden administration lately has redoubled the U.S. commitment to the developing world, announcing at a December summit, for key example, an investment of $55bn in Africa over the next three years.

Development aid is often viewed skeptically by American taxpayers. That's understandable when the homeland is plagued by homelessness and financial insecurity. Isolationism streaks run through both libertarian and conservative ideologies, evidenced lately by Republican skepticism even of aid to Ukraine. But development aid can be justified with reference simultaneously to socioeconomic benevolence and to the donor's national security, thus, appealing to priorities both liberal and conservative.

Literal signs of Chinese investment are ubiquitous throughout Africa, as here,
in the rural community d'Oukout in the Casamance region of Senegal, 2020.
RJ Peltz-Steele CC BY-NC-SA 4.0

The United States has a lot of catching up to do. With hotly debated motive, China has invested heavily in the developing world, near and far from its borders. Chinese presence in Africa is ubiquitous, from massive infrastructure projects such as ports and bridges to telecommunication access in the remotest of villages. Russia, too, has lately gone all-in on Africa: a "charm offensive," researcher Joseph Siegle wrote last year, and "[t]he reasons aren't pretty."

Incorporating sustainable development into trade agreements allows western powers to facilitate development goals at less cost than direct investment, and even with potential gains through free trade. There's still a lower-common-denominator problem when competing against proffered Chinese and Russian agreements that attach browbeating strings only on the back end. But access to Western markets brings some incentive to the table.

A practicing lawyer and legal translator, Liske is pursuing his doctorate on the nexus between sustainable development and international trade law in the context of EU external policy. He graduated in law from Jagiellonian University and in business linguistics from the Tischner European University, both in Kraków, Poland, and both with distinction. He also is an alumnus of the American Law Program of the Columbus School of Law of the Catholic University of America, and of the English Law and Legal Methods International Summer Programme of the University of Cambridge.

Jarosiński to talk cloud law, from Europe to Zoom, in free transnational legal webinar series

Jarosiński

Wojciech Jarosiński, a friend and colleague, will speak in November on "The Cloud: A New Legal Frontier."  The talk is part of a free webinar series of the American Law Program (ALP) of the Columbus School of Law at The Catholic University of America (CUA) in Washington, D.C., and the law school, foreign program office, and American law student society at Jagiellonian University (UJ) in Kraków, Poland.

In just under a decade, armed with master's-in-law-degrees from UJ and CUA, attorney Jarosiński has risen to prominence as an accomplished attorney in transnational business.  Now a partner at the Maruta Wachta law firm in Warsaw, he heads the dispute resolution practice group, leading or supervising a portfolio of more than 200 technology cases valued at more than US$2bn.  At the same time, I know Wojtek to be a gifted and globally minded person.  In his spare time, he is a co-founder, expedition planner, and skipper for Vertical Shot Expeditions, a wilderness adventure company offering photography expeditions in remote locations from pole to pole.

Here is the description of the talk, which will be in English.

Until recently, the cloud was mainly storage for surplus holiday photos. Today, the cloud plays a vital role in commerce: allowing businesses to thrive in geographically distant markets, limiting operational costs, and enabling workplace flexibility for employees. These applications, though, bring sleepless nights for judges who try to apply existing law to a new reality.

This webinar will begin with a brief introduction to the cloud’s basics: where the cloud is located, what is stored there, and whether it is even possible to avoid the cloud in today’s business world. Then, the session will move to opportunities for lawyers to guide their clients through cloud regulations—highlighting the importance of legal education in cross-border legal concepts. Finally, the webinar will consider dispute resolution regarding cloud-based services. The webinar will consider Zoom, Apple Mail, Amazon Web Services, Oracle, and many other popular services, as well as the Court of Justice of the European Union Schrems II decision and the U.S. Cloud Act. 

The talk is scheduled for Tuesday, November 24, at 1 p.m. U.S. EST (6 p.m. GMT, 7 p.m. CET).  All of the talks in the series are free, but advance registration is required.  

Here is the full schedule.  [UPDATED, Oct. 22: All fall dates are now open for registration.]

• OCTOBER 21 – Marc Liebscher, "Wirecard, Europe’s Enron? – Auditor Liability to Investors in Corporate Fraud"
• OCTOBER 28 – Sarah H. Duggin, "Why Compliance Matters – The Increasing Significance of the Compliance and Ethics Function in Global Corporations"
• NOVEMBER 19 – Roger Colinvaux, "Nonprofits in Crisis: Changes to Giving Rules and Politicization"
• NOVEMBER 24 – Wojciech Jarosiński, "The Cloud – A New Legal Frontier"
• DECEMBER 2 – Justyna Regan, "Data Privacy in the US: Where We Stand Today and Predictions for the Future"
• DECEMBER 9 – Megan M. La Belle, "Artificial Intelligence and Intellectual Property"

I'm proud to claim Wojtek as an alum of one of my classes in 15 years' teaching in the CUA-UJ ALP, though I doubtless have naught to do with his success.  Regrettably, the ALP is not running live this year, because of the pandemic.  Lemonade from lemons, though, is the fascinating work being produced by the Law Against Pandemic project (CFP, CFP en español).  I was privileged meanwhile, in May, to offer an item on American tort law to the pilot iteration of the ALP webinar series.

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Our fearless leader @wjarosinski relaxing on a Pripyat rooftop with all his essential gear. #verticalshotexpeditions #chernobyl #pripyat #adventureawaits #exploretocreate #pelicase #peliproducts #gearpatrol #thenorthface #neverstopexploring #peakdesign #mypakage #adventureisoutthere #photographyadventures

A post shared by Vertical Shot Expeditions (@verticalshotexp) on Aug 9, 2017 at 6:36am PDT

UK football letter roils world sport, and real world, too

Letter posted on Twitter by the AP's Rob Harris

The English Premier League football (soccer) organization wrote to the U.S. Trade Representative in February urging that the United States put the Kingdom of Saudi Arabia on the "Priority Watch List" of countries that fail to protect intellectual property (IP) rights.

The letter has been widely reported beyond the football world for its potential implications in foreign affairs.  Where the United States is concerned, IP piracy is regarded as a critical contemporary problem, on par with national security.  Much of that regard is warranted, as countries such as China, at least historically, have been linked to IP theft as a means to unfair economic advantage, to the detriment of American enterprise.  Some of the sentiment derives from the capture of Washington by IP-wealthy corporations, to the detriment of intellectual freedom.  Regardless, the gross result has been a paper war with nations that countenance IP piracy.  To put Saudi Arabia in those U.S. crosshairs adds a layer of complexity to our already impossibly complicated love-hate relationship with the KSA—read more from James Dorsey just last week—with ramifications from Yemen to Israel.

The letter has potential ramifications within the Middle East, too.  The Premier League's indictment calls out specifically a Saudi-based pirate football broadcaster that calls itself "beout Q" and seems to operate in a blind spot of Saudi criminal justice, even distributing set-top boxes and selling subscriptions in Saudi retail outlets.  The name seems to be a thumb in the nose of beIN Sports, a Doha-based, Qatari-owned media outlet with lawful licensing rights to many Premier League and other international sporting matches.  Saudi Arabia has led the blockade of Qatar since the 2017 Middle East diplomatic crisis, a high note of previously existing and still enduring tensions between the premier political, economic, and cultural rivals in the region.

A 2016 Amnesty International report
was not flattering to Qatar or FIFA.

Football and international sport are weapons in this rivalry.  Qatar has long capitalized on sport as a means to the end of soft international power, winning the big prize of the men's football World Cup in 2022, if by hook or by crook.  Saudi Arabia has more lately taken to the idea of "sportwashing" its image, especially since the Jamal Khashoggi assassination and amid the ceaseless civil war in Yemen.

The letter roiled the world of football no less, as Saudi Arabia has been in negotiation to acquire the Newcastle United Football Club.  That purchase requires Premier League approval.  So everyone and her hooligan brother has an opinion about what it means that the league is so worked up about Saudi IP piracy as to write to the United States for help.

This unusual little letter is a reminder of a theme, known to social science and as old as the Ancient Olympics, that, more than mere diversion, sport is a reflection of our world.

New scholarly treatise examines global water deficit

My colleague and friend Dr. Piotr Szwedo, Jagiellonian University, has published the new treatise, Cross-Border Water Trade: Legal and Interdisciplinary Perspectives (2018), appearing as volume 32 of Brill-Nijhoff's Queen Mary Studies in International Law series.  With water law being a key emerging issue around the globe in our contemporary times, this volume marks an important contribution to the literature.  Congratulations, Piotr!  Download the PDF flyer for your library.  Here is the publisher's description:

Cross-border Water Trade: Legal and Interdisciplinary Perspectives is a critical assessment of one of the growing problems faced by the international community — the global water deficit. Cross-border water trade is a solution that generates ethical and economic but also legal challenges. Economic, humanitarian and environmental approaches each highlight different and sometimes conflicting aspects of the international commercialization of water. Finding an equilibrium for all the dimensions required an interdisciplinary path incorporating certain perspectives of natural law. The significance of such theoretical underpinnings is not merely academic but also quite practical, with concrete consequences for the legal status of water and its fitness for international trade. 

Piotr Szwedo, Ph.D. habil. (b. 1979) is a lecturer in international law and Head of OKSPO Centre for Foreign Law Schools at the Jagiellonian University in Krakow. He published monographs and articles on international economic law and global governance. 

Table of Contents

Preliminary Questions
    Pages: 1–38
 

In Search of a Regulatory Model
    Pages: 39–89
    

Water as an Article of Trade in WTO Law
    Pages: 90–130
 

Water Trade in the International Practice of States
    Pages: 131–207
 

Principles and Institutions of International Law as Conditions of and Restrictions on Water Trade
    Pages: 208–315

Ending Notes