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In light of growing geopolitical tensions between China and the West, the chapter focuses on areas of persistently shared interests and common concerns of humankind. Climate change, the protection of biodiversity and pandemics cannot be addressed in isolation but require common efforts and international cooperation in the dissemination of technologies and knowledge, despite ideological differences. The paper stresses the importance of existing WTO law and sets a trade-related agenda for these areas. Finally, it submits that a future principle of Common Concern of Humankind offers guidance in finding common ground for multilateral negotiations on trade, competition and investment in the WTO. It is capable of protecting the interests of a global community increasingly caught in big-power rivalry.
Ocean governance must be based on a sound scientific understanding of the marine environment. Thus, it may be argued that the freedom of marine scientific research is a prerequisite of ocean governance. However, marine scientific research or other survey activities in the offshore areas may affect economic and security interests of coastal States. In particular, military survey activities in the EEZ of another State have raised highly sensitive issues between surveying and coastal States. Hence, there is a need to achieve a balance between the freedom of marine scientific research and the protection of interests of coastal States. Against that background, this chapter will address particularly the following issues: (1) definition of marine scientific research, (2) reconciliation between the freedom of marine scientific research with the protection of interests of coastal States, (3) hydrographic and military survey activities in the EEZ another State, (4) international cooperation in marine scientific research, and (5) the transfer of technology.
The commonplace narrative regarding China's participation in the WTO is that the original expectations have not been matched in subsequent experience. China has not behaved in accordance with the spirit (and sometimes the letter) of its commitments. Reactions by trading partners have been from critical to hostile, and some have even called for a WTO without China, ignoring the boost to international trade that China's accession has provoked. Yet, China's participation in the WTO cannot remain un-addressed. The US almost brought the WTO to its knees largely because of China, and the EU has enacted laws to counteract China's trade expansion. In this short paper, we argue that the solution to the China-issue passes through an addition and re-invigoration of the multilateral trade rules.
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