Title: Level Playing Field as an Emerging International Economic Law Norm
PhD Supervisor & Co-supervisor: Joost Pauwelyn and Damien Neven
Expected completion date: 2025
Entering the third decade of the 21st century, the international economic system has entered its post-Washington Consensus stage where the fundamental assumptions of the system established in the 1990s (e.g., market deregulation and elimination of barriers to trade and investment) are being regularly challenged, revisited and reconsidered. Amidst this process, the concept of ‘level playing field’ (“LPF”) is gradually becoming more prominent in international discourse, especially in Europe. The originally sport-associated term suggests that international economic relations cannot be conducted fairly when there is no equality in the set of economic, labour and environmental rules that govern market actors.
However, the precise content of LPF remains vague; so far, no universal understanding exists on what constitutes LPF, and how it can be achieved, while at the same time no systematic analysis has been made to examine its interaction with international economic law rules and norms. Still, many recently adopted or proposed initiatives in international, national, or regional agendas have been using LPF as their ‘legitimizing banner’. The aim is to provide clarity to LPF as an emerging international economic law norm through a legal and economic lens by identifying its features and then its applicability and ‘fit’ within international (economic) law norms. The present proposal seeks to introduce a comprehensive mapping exercise and an extensive economic analysis of LPF. Further, the analysis of the interaction of International Economic Law (“IEL”) and LPF entails a renewed interpretative glimpse in IEL norms as well as reform proposals. First, it seeks to map and analyze the measures and initiatives associated with LPF by categorizing them. Second, it intends to examine LPF as an economic concept, by assessing its proclaimed effects in light of traditional and modern trade theories. Third, it examines the impact of LPF on international trade and investment norms.
MARIOS TOKAS is Teaching Assistant in International Law at the Geneva Graduate Institute. He is pursuing a PhD in the Graduate Institute of International and Development Studies (IHEID) in International Law with a minor in International Economics. He holds a Master's in International Law from IHEID, an LLM in Public International Law and an LLB from the University of Athens. He works as an editorial assistant in the Journal of International Economic Law, and as an international consultant for trade, investment and public international law and sustainable development for law firms and consulting firms in Brussels, Geneva and Bern. He is appointed as an Research Fellow at the Trade, Investment and Finance Program and the Program Manager at the Centre for International Sustainable Development Law (CISDL).
He has previously practiced in law firms in Geneva and Athens in the field of international trade and European competition law, and worked in the field of International Investment, Trade and Environmental Law for consulting firms in Geneva. He was a visiting Lecturer at the European law and Governance School (ELGS) on WTO, International Investment and International Financial Law, as well as a visiting lecturer at the University of Athens.
Teaching Experience
Instructor/ Teaching Assistant (European Law and Governance School/Ranepa)
Lecturer (Athens Summer Law School on International Investment Law )
Coach- Supervisor John H. Jackson Moot Court Competition on WTO Law (NKUA;IHEID)
Research Experience
Associate Research Fellow/ Trade and Investment Program Coordinator (Centre for Interantional Sustainable Development Law)
Research Assistant (Academy of Athens- Prof. Emannuel Roucounas, NKUA- Prof. Charalampos Pampoukis)
Coordinator (Trade law Clinic - Athens PIL)
Book Chapters
Articles
1. M. Tokas, "Hanging in the balance: The prohibition of protectionism in Article III and XX of the GATT 1994 in light of the "inherent balance” theory”, in Indian Journal of International Economic Law, Vol. XI ; J. Caceres, M. Tokas M. Gehring and F. de Andrade Correa, “Environment and Climate Change in the Draft EU-Mercosur Trade Agreement: Legal Analysis and
Proposed Provisions” (Centre for International Sustainable Development Law under the auspices of European Climate Foundation)
2. M. Gehring and M. Tokas, "Synergies and Approaches to Climate Change in International Investment Agreements: Comparative analysis of investment liberalization and investment protection provisions in EU Agreements", Journal of World Trade and Investment (accepted) Miscellanea: “International Trade, Climate Change, and Environmental Interfaces: UK Legal Brief Series”. Centre for International Sustainable Development Law under the auspices of European Climate Foundation
3. "Playing the Game: The EU’s Proposed Regulation on Foreign Subsidies”, Journal of World Trade 56:5, October 2022 (in publication)
4. `"Environment and Climate Change in the Draft EU-Mercosur Trade Agreement: Legal Analysis and Proposed Provisions (CISDL) (with J. Caceres, M. Gehring and F. de Andrade Correa)
Publications in Peer-Reviewed Scientific Journals
1. “Highest Priority Trade Challenges related to Sustainable Development and Climate Change: Horizontal Climate Change Commitments EU-Americas FTAs”, Legal Issues of Economic Integration (Special Issue – in publication), 2023
2. “Looking Back into the future: The legal standard of prohibited subsidies in SCM Agreement through WTO case law, ahead of reforms ”, Trade, Law and Development 14:2, December 2022
3. “Playing the Game: The EU’s Proposed Regulation on Foreign Subsidies”, Journal of World Trade 56:5, October 2022 .
4. “Synergies and Approaches to Climate Change in International Investment Agreements: Comparative analysis of investment liberalization and investment protection provisions in EU Agreements”, Journal of World Trade and Investment, 23 (5-6) (with M. Gehring)
5. “Hanging in the balance: The prohibition of protectionism in Article III and XX of the GATT 1994 in light of the "inherent balance” theory”, in Indian Journal of International Economic Law, Vol. XI
Contributions to Books
1. “Compulsory Optionality: International Standardising Bodies and Investment Protection: Scope and Substantive Protection”, in A. Gourgourinis (eds.), Transnational actors in International Investment Law” (Springer) (2021) (with E.A. Giannakopoulou).
2. “Promoting And Protecting Green Investment In Western Balkans Bits: Existing Limitations And Future Opportunities” in F. Brodlija et al,Investor-State Dispute Settlement at a Crossroads: The Debates Shaping the Future of ISDS -in publication- (with M. Dekastros)
Other Published Research
1. “Leveraging Trade Agreements for an Inclusive Circular Economy Transition: Options under the World Trade Organization and EU Regional Trade Agreements” (Tulip Consulting and GIZ) (with C. van der Ven)
2. “High Climate Ambition Commitments to Sustainability in Regional Trade and Investment Treaties”, Series of Publications and Synthesis Report (CISDL)
3. "Rebalancing Trade and Sustainability Scales Via FTA Reviews" IISD Knowledge Hub (2022)
4. “Environment and Climate Change in the Draft EU-Mercosur Trade Agreement Legal Analysis and Proposed Provisions” (CISDL) (with J. Caceres, M. Gehring and F. de Andrade Correa)
5. “International Trade, Climate Change, and Environmental Interfaces: UK Legal Brief Series”. Centre for International Sustainable Development Law under the auspices of European Climate Foundation
Teaching Experience
Research Experience Associate