Human Rights And International Trade

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Human Rights and International Trade

Thomas Cottier,Joost Pauwelyn,Elisabeth Bürgi,Elisabeth Bürgi Bonanomi
Human Rights and International Trade Book PDF

Author : Thomas Cottier,Joost Pauwelyn,Elisabeth Bürgi,Elisabeth Bürgi Bonanomi
Publisher : International Economic Law
Page : 0 pages
File Size : 55,8 Mb
Release : 2005
Category : Business & Economics
ISBN : 0199285829

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Human Rights and International Trade by Thomas Cottier,Joost Pauwelyn,Elisabeth Bürgi,Elisabeth Bürgi Bonanomi Pdf

Economic globalization and respect for human rights are both highly topical issues. In theory, more trade should increase economic welfare and protection of human rights should ensure individual dignity. Both fields of law protect certain freedoms: economic development should lead to higherhuman rights standards, and UN embargoes are used to secure compliance with human rights agreements. However the interaction between trade liberalisation and human rights protection is complex, and recently, tension has arisen between these two areas. Do WTO obligations covering intellectual property prevent governments from implementing their human rights obligations, including rights to food or health? Is it fair to accord the benefits of trade subject to a clean human rights record? This book first examines the theoretical framework of the interaction between the disciplines of international trade law and human rights. It builds upon the well-known debate between Professor Ernst-Ulrich Petersmann, who construes trade obligations as human rights, and Professor Philip Alston,who warns of a merger and acquisition of human rights by trade law. From this starting point, further chapters explore the differing legal matrices of the two fields and examine how cooperation between them might be improved, both in international law-making and institutions, and in disputesettlement. The interaction between trade and human rights is then explored through seven case studies:freedom of expression and competition law; IP protection and health; agricultural trade and the right to food; trade restrictions on conflict diamonds; UN norms on transnational corporations; the new WHOconvention on tobacco control; and, finally, human rights conditionalities in preferential trade schemes.

Environment, Human Rights and International Trade

Francesco Francioni
Environment Human Rights and International Trade Book PDF

Author : Francesco Francioni
Publisher : Hart Publishing
Page : 391 pages
File Size : 50,9 Mb
Release : 2001-06
Category : Law
ISBN : 9781841132174

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Environment, Human Rights and International Trade by Francesco Francioni Pdf

Images of tear-gas filled streets during the 1999 WTO meeting in Seattle woke the world up to the fact that there was a major controversy brewing about the legitimacy of the ability of the organization and sister institutions to trump nationally enacted laws protecting the environment and human rights in the name of free trade. Francioni (law, U. of Siena) presents the contributions of 12 academics from the field of international law who, on the whole, recognize that the complaints of protestors are legitimate and real and recommend some specific policy and legal changes in the structures of the international financial institutions and in free trade treaties between countries. The articles separately focus on genetically modified organisms, intellectual property rights, environmental law, technology transfer, labor rights, human rights sanctions, child labor, and the impact of NAFTA on the environment. Distributed by ISBS. c. Book News Inc.

Human Rights, Labor Rights, and International Trade

Lance A. Compa,Stephen F. Diamond
Human Rights Labor Rights and International Trade Book PDF

Author : Lance A. Compa,Stephen F. Diamond
Publisher : University of Pennsylvania Press
Page : 324 pages
File Size : 42,8 Mb
Release : 2003-08-30
Category : Business & Economics
ISBN : 081221871X

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Human Rights, Labor Rights, and International Trade by Lance A. Compa,Stephen F. Diamond Pdf

"A significant contribution to current legal, political, and economic discourse on workers in the global economy."—International and Comparative Law Quarterly

Balancing Human Rights, Environmental Protection and International Trade

Emily Reid
Balancing Human Rights Environmental Protection and International Trade Book PDF

Author : Emily Reid
Publisher : Bloomsbury Publishing
Page : 462 pages
File Size : 45,5 Mb
Release : 2015-02-26
Category : Law
ISBN : 9781782252528

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Balancing Human Rights, Environmental Protection and International Trade by Emily Reid Pdf

This book explores the means by which economic liberalisation can be reconciled with human rights and environmental protection in the regulation of international trade. It is primarily concerned with identifying the lessons the international community can learn, specifically in the context of the WTO, from decades of European Community and Union experience in facing this question. The book demonstrates first that it is possible to reconcile the pursuit of economic and non-economic interests, that the EU has found a mechanism by which to do so, and that the application of the principle of proportionality is fundamental to the realisation of this. It is argued that the EU approach can be characterised as a practical application of the principle of sustainable development. Secondly, from the analysis of the EU experience, this book identifies fundamental conditions crucial to achieving this 'reconciliation'. Thirdly, the book explores the implications of lessons from the EU experience for the international community. In so doing it assesses both the potential and limits of the existing international regulatory framework for such reconciliation. The book develops a deeper understanding of the inter-relationship between the legal regulation of economic and non-economic development, adding clarity to the debate in a controversial area. It argues that a more holistic approach to the consideration of 'development', encompassing economic and non-economic concerns - 'sustainable' development - is not only desirable in principle but realisable in practice.

The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes

Zena Prodromou
The Public Order Exception in International Trade Investment Human Rights and Commercial Disputes Book PDF

Author : Zena Prodromou
Publisher : Kluwer Law International B.V.
Page : 313 pages
File Size : 49,6 Mb
Release : 2020-08-12
Category : Law
ISBN : 9789403520018

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The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes by Zena Prodromou Pdf

In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.

The Human Rights Impact of the World Trade Organisation

James Harrison
The Human Rights Impact of the World Trade Organisation Book PDF

Author : James Harrison
Publisher : Bloomsbury Publishing
Page : 292 pages
File Size : 44,7 Mb
Release : 2007-07-31
Category : Law
ISBN : 9781847313744

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The Human Rights Impact of the World Trade Organisation by James Harrison Pdf

This book examines the impact of international trade rules on the promotion and protection of human rights, and explains why human rights are an important mechanism for assessing the social justice impact of the international trading system. The core of the book is an in depth analysis of the various ways in which international trade law rules impact upon human rights protection and promotion, emphasising the significance of the jurisdictional context in which the human rights issues arise: coercive measures that are taken by one country to protect and promote human rights in another country are distinguished from measures taken by a country to protect and promote the human rights of its own population. The author contends that international trade law rules have utilised certain ad hoc mechanisms to deal with particularly pressing human rights concerns in the trade context, but also argues that these mechanisms do not provide systemic solutions to the inter-linkages between the two legal systems. The author therefore examines mechanisms by which human rights arguments could be more systematically raised and adjudicated upon in WTO dispute settlement proceedings, highlighting future opportunities and difficulties. He concludes by considering broader systemic issues outside the dispute settlement process that need to be addressed if trade law rules are to successfully protect and promote human rights.

Human Rights Related Trade Measures Under International Law

Anthony Cassimatis
Human Rights Related Trade Measures Under International Law Book PDF

Author : Anthony Cassimatis
Publisher : Martinus Nijhoff Publishers
Page : 517 pages
File Size : 40,8 Mb
Release : 2007
Category : Political Science
ISBN : 9789004163423

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Human Rights Related Trade Measures Under International Law by Anthony Cassimatis Pdf

When does international law allow a State or group of States to adopt trade measures in order to "coerce" another State to comply with its international obligations to ensure respect for human rights? In answering this question this book draws together complex areas of international law which include the rules prohibiting interference in the internal affairs of sovereign States, the rules regulating extra-territorial exercises of jurisdiction, the law of State responsibility and the international legal rules requiring the protection of human rights and regulating international trade. The literature on "Trade "and" ..." issues invariably focuses on a limited number of these areas, or approaches the issues from an international relations or economic perspective. This book will assist specialists in international human rights law and international trade law, academic and government lawyers who advise on or implement international trade policy and those studying the use of human rights related trade measures.

International Economic Actors and Human Rights

Adam McBeth
International Economic Actors and Human Rights Book PDF

Author : Adam McBeth
Publisher : Routledge
Page : 384 pages
File Size : 50,7 Mb
Release : 2009-09-28
Category : Business & Economics
ISBN : 9781135245238

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International Economic Actors and Human Rights by Adam McBeth Pdf

In noting that the actions of entities other than states in the economic arena can and often do have a profound effect on human rights, this book poses the question as to how international human rights law can and should address that situation. This book takes three very different categories of international actor – the World Trade Organization, the international financial institutions (World Bank and IMF) and multinational enterprises – and analyses the interaction of each category with human rights, in each case analysing the interaction of the different fields of law and seeking to identify a role for international human rights law. Adam McBeth concludes that each of the selected international economic actors can and should be considered to operate within a holistic system of international law, including human rights obligations, but that changes in the operations and the accountability mechanisms for each actor are necessary for the practical implementation of that approach. While written from a human rights perspective, the underlying theme of the book is one of engagement and harmonisation rather than condemnation. It provides valuable insight for those who approach this topic from a background of international trade law, commercial law or general international law, just as much as those who have a human rights background. International Economic Actors and Human Rights will be of great interest to those studying or working in any field of international economic law, as well as human rights scholars and practitioners.

Global Trade, Labour Rights and International Law

Aneta Tyc
Global Trade Labour Rights and International Law Book PDF

Author : Aneta Tyc
Publisher : Routledge
Page : 171 pages
File Size : 45,8 Mb
Release : 2021-06-21
Category : Business & Economics
ISBN : 9781000395921

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Global Trade, Labour Rights and International Law by Aneta Tyc Pdf

This book provides a set of proposals for how best to guarantee effective enforcement of labour rights worldwide. The linkage between labour standards and global trade has been recurrent for some 200 years. At a time when the world is struggling to find a way out of crisis and is striving for economic growth, more than ever there is a need for up-to-date research on how to protect and promote labour rights in the global economy. This book explores the history of the field and also provides an overview of emerging trends and opportunities. It discusses the most recent problems including: the effectiveness and the role of the International Labour Organization (ILO) in the second century of its existence, the World Trade Organization (WTO) and its potential relevance in the protection of labour rights, the effectiveness of the US and the EU Generalised System of Preferences, the impact of corporate social responsibility (CSR) instruments on labour rights, and labour provisions in the international trade agreements concluded by the US and the EU. The book argues, inter alia, that trade agreements seem to be a useful tool to help pave the way out of the crisis and that the United States–Mexico–Canada Agreement (USMCA) can be perceived as a model agreement and a symbol of a shift in perspective from long global supply chains to a focus on regional ones, local production, jobs and a rise in wages. The book will be essential reading for academics and students in the fields of human rights law, international labour law, industrial relations law, international sustainable development law, international economic law and international trade law. It will also be of interest to practitioners, non-government organisations (NGOs) and policy makers.

International Economic Law in the 21st Century

Ernst-Ulrich Petersmann
International Economic Law in the 21st Century Book PDF

Author : Ernst-Ulrich Petersmann
Publisher : Bloomsbury Publishing
Page : 574 pages
File Size : 48,5 Mb
Release : 2012-07-24
Category : Law
ISBN : 9781847319814

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International Economic Law in the 21st Century by Ernst-Ulrich Petersmann Pdf

The state-centred 'Westphalian model' of international law has failed to protect human rights and other international public goods effectively. Most international trade, financial and environmental agreements do not even refer to human rights, consumer welfare, democratic citizen participation and transnational rule of law for the benefit of citizens. This book argues that these 'multilevel governance failures' are largely due to inadequate regulation of the 'collective action problems' in the supply of international public goods, such as inadequate legal, judicial and democratic accountability of governments vis-a-vis citizens. Rather than treating citizens as mere objects of intergovernmental economic and environmental regulation and leaving multilevel governance of international public goods to discretionary 'foreign policy', human rights and constitutional democracy call for 'civilizing' and 'constitutionalizing' international economic and environmental cooperation by stronger legal and judicial protection of citizens and their constitutional rights in international economic law. Moreover intergovernmental regulation of transnational cooperation among citizens must be justified by 'principles of justice' and 'multilevel constitutional restraints' protecting rights of citizens and their 'public reason'. The reality of 'constitutional pluralism' requires respecting legitimately diverse conceptions of human rights and democratic constitutionalism. The obvious failures in the governance of interrelated trading, financial and environmental systems must be restrained by cosmopolitan, constitutional conceptions of international law protecting the transnational rule of law and participatory democracy for the benefit of citizens.

Trade, Food Security, and Human Rights

Ying Chen
Trade Food Security and Human Rights Book PDF

Author : Ying Chen
Publisher : Routledge
Page : 269 pages
File Size : 52,9 Mb
Release : 2016-02-24
Category : Law
ISBN : 9781317008521

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Trade, Food Security, and Human Rights by Ying Chen Pdf

Most scholars attribute systemic causes of food insecurity to poverty, human overpopulation, lack of farmland, and expansion of biofuel programs. However, as Chen argues here, another significant factor has been overlooked. The current food insecurity is not absolute food shortage, since global food production still exceeds the need of the entire world population, but a problem of how to secure access to resources. Distorted agricultural trade undermines world food distribution, and uneven distribution impedes people’s access to food, particularly in poor developing countries. Examining EU and US agricultural policies and World Trade Organization negotiations in agriculture, the author argues how they affect the international agricultural trade, claiming that current food insecurity is the result of inequitable food distribution and trade practices. The international trade regime is advised to reconcile trade rules with the consideration of food security issues. Several other enforceable solutions to reduce world hunger and malnutrition are also advanced, including national capacity building, the improvement of governance, and strategic development of biofuel programs. This book will be of great interest to agricultural trade professionals and consultant policy makers in the EU, US and developing countries. Students and researchers with a concentration on international trade, agriculture economics, global governance and international law will benefit greatly from this study.

Indigenous Peoples and International Trade

John Borrows,Risa Schwartz
Indigenous Peoples and International Trade Book PDF

Author : John Borrows,Risa Schwartz
Publisher : Cambridge University Press
Page : 355 pages
File Size : 41,8 Mb
Release : 2020-06-18
Category : Business & Economics
ISBN : 9781108493062

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Indigenous Peoples and International Trade by John Borrows,Risa Schwartz Pdf

An exploration of economic rights afforded Indigenous peoples in international law and their diffusion to international trade and investment instruments.

The Slave Trade and the Origins of International Human Rights Law

Jenny S. Martinez
The Slave Trade and the Origins of International Human Rights Law Book PDF

Author : Jenny S. Martinez
Publisher : OUP USA
Page : 264 pages
File Size : 48,5 Mb
Release : 2012-01-04
Category : History
ISBN : 9780195391626

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The Slave Trade and the Origins of International Human Rights Law by Jenny S. Martinez Pdf

There is a broad consensus among scholars that the idea of human rights was a product of the Enlightenment but that a self-conscious and broad-based human rights movement focused on international law only began after World War II. In this book, the nineteenth century's absence is conspicuous - few have considered that era seriously, much less written books on it. But as this author shows, the foundation of the movement that we know today was a product of one of the nineteenth century's central moral causes: the movement to ban the international slave trade.

Forced to Be Good

Emilie M. Hafner-Burton
Forced to Be Good Book PDF

Author : Emilie M. Hafner-Burton
Publisher : Cornell University Press
Page : 235 pages
File Size : 54,5 Mb
Release : 2013-07-02
Category : Political Science
ISBN : 9780801458705

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Forced to Be Good by Emilie M. Hafner-Burton Pdf

Preferential trade agreements have become common ways to protect or restrict access to national markets in products and services. The United States has signed trade agreements with almost two dozen countries as close as Mexico and Canada and as distant as Morocco and Australia. The European Union has done the same. In addition to addressing economic issues, these agreements also regulate the protection of human rights. In Forced to Be Good, Emilie M. Hafner-Burton tells the story of the politics of such agreements and of the ways in which governments pursue market integration policies that advance their own political interests, including human rights. How and why do global norms for social justice become international regulations linked to seemingly unrelated issues, such as trade? Hafner-Burton finds that the process has been unconventional. Efforts by human rights advocates and labor unions to spread human rights ideals, for example, do not explain why American and European governments employ preferential trade agreements to protect human rights. Instead, most of the regulations protecting human rights are codified in global moral principles and laws only because they serve policymakers' interests in accumulating power or resources or solving other problems. Otherwise, demands by moral advocates are tossed aside. And, as Hafner-Burton shows, even the inclusion of human rights protections in trade agreements is no guarantee of real change, because many of the governments that sign on to fair trade regulations oppose such protections and do not intend to force their implementation. Ultimately, Hafner-Burton finds that, despite the difficulty of enforcing good regulations and the less-than-noble motives for including them, trade agreements that include human rights provisions have made a positive difference in the lives of some of the people they are intended-on paper, at least-to protect.

Trade, Employment and Labour Standards A Study of Core Workers' Rights and International Trade

OECD
Trade Employment and Labour Standards A Study of Core Workers Rights and International Trade Book PDF

Author : OECD
Publisher : OECD Publishing
Page : 248 pages
File Size : 47,7 Mb
Release : 1996-09-09
Category : Electronic
ISBN : 9789264104884

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Trade, Employment and Labour Standards A Study of Core Workers' Rights and International Trade by OECD Pdf

Recent years have witnessed growing concern over the controversial issue of trade and labour standards. This study provides the first comprehensive analysis of these questions and reviews evidence for a large number of countries throughout the world.