Balancing Human Rights Environmental Protection And International Trade

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Balancing Human Rights, Environmental Protection and International Trade

Author : Emily Reid
Publisher : Bloomsbury Publishing
ISBN 13 : 1782252525
Total Pages : 272 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Balancing Human Rights, Environmental Protection and International Trade by : Emily Reid

Download or read book Balancing Human Rights, Environmental Protection and International Trade written by Emily Reid and published by Bloomsbury Publishing. This book was released on 2015-02-26 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Environment, Human Rights and International Trade

Author : Francesco Francioni
Publisher : Hart Publishing
ISBN 13 : 1841132179
Total Pages : 391 pages
Book Rating : 4.8/5 (411 download)

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Book Synopsis Environment, Human Rights and International Trade by : Francesco Francioni

Download or read book Environment, Human Rights and International Trade written by Francesco Francioni and published by Hart Publishing. This book was released on 2001-06 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Environmental Protection Versus Trade Liberalization : Finding the Balance

Author : Sandra L. Walker
Publisher : Publications Fac St Louis
ISBN 13 : 9782802800859
Total Pages : 200 pages
Book Rating : 4.8/5 (8 download)

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Book Synopsis Environmental Protection Versus Trade Liberalization : Finding the Balance by : Sandra L. Walker

Download or read book Environmental Protection Versus Trade Liberalization : Finding the Balance written by Sandra L. Walker and published by Publications Fac St Louis. This book was released on 1993 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent years have witnessed a proliferation of laws regulating the environment. Such laws aim to protect the environment of the legislating country and increasingly, the environment beyond its borders. While the objectives of these rules appear to be laudable ones, environmental regulation is frequently criticized as trade-restrictive and protectionist. In addition, attempts to regulate foreign production processes are attacked as interfering with the sovereign right of foreign countries to determine their own standards of environmental management. Environmental protection goals may also hinder international trade and consequently become vulnerable to legal challenge under international trade law. The manner in which international trade law weights the competing objectives of environmental protection and trade liberalization is the subject of this book. The experience of the European Economic Community in this regard provides a useful backdrop against which the treatment of environmental regulation under the GATT can be both examined and improved. The author concludes the GATT reforms, such as the incorporation of environmental principes into GATT jurisprudence, are critical to ensuring the legality of legitimate environmental protection measures. Such efforts would serve to safeguard both the environment and a more stable international trading system. The study was financed by the Brussels Capital Region through the Visiting Scientist's Programme.

The Greening of Trade Law

Author : Richard H. Steinberg
Publisher : Rowman & Littlefield
ISBN 13 : 9780742510463
Total Pages : 340 pages
Book Rating : 4.5/5 (14 download)

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Book Synopsis The Greening of Trade Law by : Richard H. Steinberg

Download or read book The Greening of Trade Law written by Richard H. Steinberg and published by Rowman & Littlefield. This book was released on 2002 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this first book to systematically compare how each of the world's major international trade organizations have handled environmental issues, leading specialists provide a balanced analysis of the development of trade and the environment rules in the World Trade Organization, the European Union, the North American Free Trade Agreement, the Free Trade Area of the Americas, the Asia Pacific Economic Cooperation forum, the International Organization for Standardization, and other key organizations. Deftly combining policy and theory, the authors offer a range of heuristics and normative orientations in an effort to understand one of the globe's most contentious and timely dilemmas. Visit our website for sample chapters!

Global Environmental Protection through Trade

Author : Barbara Cooreman
Publisher : Edward Elgar Publishing
ISBN 13 : 1786434393
Total Pages : 336 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Global Environmental Protection through Trade by : Barbara Cooreman

Download or read book Global Environmental Protection through Trade written by Barbara Cooreman and published by Edward Elgar Publishing. This book was released on 2017-04-28 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite an increasing global awareness of environmental concerns, setting internationally binding and ambitious commitments has proven exceedingly complex. As states are seeking alternative methods to support global environmental protection, this book takes a closer look at the possibility of using national trade measures that make market access conditional on the environmental impact of the production process abroad.

Foreign Investment, Human Rights and the Environment

Author : Shyami Puvimanasinghe
Publisher : BRILL
ISBN 13 : 9047419979
Total Pages : 320 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Foreign Investment, Human Rights and the Environment by : Shyami Puvimanasinghe

Download or read book Foreign Investment, Human Rights and the Environment written by Shyami Puvimanasinghe and published by BRILL. This book was released on 2007-05-11 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Events like the Bhopal disaster, the sale of products harmful to human health and safety, and child labour, especially in resource-scarce settings, raise fundamental issues of human dignity and ecological integrity. From a legal perspective, and in the context of Foreign Direct Investment by Transnational Corporations in developing countries, they highlight the lacuna of a holistic international legal framework and its implementation. This book embodies a critique of the complex web of public international law principles on economics, human rights and the environment, and their convergence or lack thereof, related regional (South Asian) and domestic (Sri Lankan) legal arrangements, interventions of states and non-state actors towards just, equitable and sustainable development. It is a quest for a middle path in the multidisciplinary landscape of international law, development and North-South power dynamics; globalization of free trade and investment and of social and environmental interests; and salient aspects of the philosophical, socio-economic and legal fabric of South Asia, viewed against the evolving, controversial and elastic sphere of international relations and law where consensus has hitherto been an elusive dream.

From Exception to Promotion

Author : Elena Cima
Publisher : BRILL
ISBN 13 : 9004467564
Total Pages : 374 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis From Exception to Promotion by : Elena Cima

Download or read book From Exception to Promotion written by Elena Cima and published by BRILL. This book was released on 2021-10-18 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Exception to Promotion: Re-Thinking the Relationship between International Trade and Environmental Law tells a new, unconventional story of the nexus between international trade and environmental law - a story in which the keyword is synergy rather than conflict, and where the trade regime was always meant for something greater than simply trade liberalization. This ‘something greater’ was peace in the first half of the 20th century. Today, it is sustainable development, environmental protection, and social inclusion. Environmental protection is therefore neither antithetical to the overarching purpose of the trading system nor simply a ‘non-trade’ issue to be incorporated within the trade regime, but rather part of its very nature and purpose. By telling this ‘untold’ story of the nexus, this book intends to raise historical awareness and open a constructive discussion on the future of the trade regime and of international economic law governance at large.

Sustainable Development in World Trade Law

Author : Markus W. Gehring
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041123660
Total Pages : 778 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Sustainable Development in World Trade Law by : Markus W. Gehring

Download or read book Sustainable Development in World Trade Law written by Markus W. Gehring and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 778 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Johannesburg at the World Summit on Sustainable Development in 2002, over one hundred and eighty states assumed a collective responsibility to advance and strengthen the interdependent and mutually reinforcing pillars of sustainable development economic development, social development, an environmental protection at the local, national, regional and global levels. This remarkable collection of papers, sponsored by the Centre for International Sustainable Development Law (CISDL), demonstrates that sustainable development serves as a unifying concept with the potential to facilitate much-needed respect for international law and timely implementation of diverse and overlapping international commitments. It builds on the substance of a rich and complex debate at the intersections among economic, social, and environmental law, bringing together a broad cross-section of viewpoints and voices. The authors review recent developments in WTO discussions and negotiations, and in the recent decisions of the WTO Appellate Body, from a sustainable development law perspective. They also survey relevant new developments in trade and economic agreements at regional, inter-regional and bi-lateral levels. The various essays focus on sustainable development aspects of key issues in recent trade negotiations such as the Singapore Issues (investment, competition, trade facilitation, and government procurement), intellectual property rights, investment arbitration and the linkage between the WTO and multilateral environmental accords, (MEAand¿s).. Among the specific topics covered are the following: Emerging areas of law and policy in trade and sustainable development, The underlying development agendas in global trade law negotiations, Cooperation and potential negotiation on international competition law, Sustainable development aspects of intellectual property rights negotiations, Overlaps between multilateral environmental accords (MEAand¿s) and the WTO, Recent developments in WTO dispute settlement procedures and proceedings, Human rights and environmental opportunities from trade liberalisation and increased market acces, Human rights and environment impact assessment techniques used to analyse trade agreements, Recent developments in bi-lateral and regional trade agreements. Trade, investment, and competition law practitioners and negotiators in developed and developing countries will find this book of great value, as will development and environment law professionals with responsibility for trade and WTO law related matters. With rich contributions from leading trade law practitioners, academics, and WTO panel and appellate body roster members, Sustainable Developments in World Trade Law offers a constructive, timely and accessible expert analysis of recent discussions and advances in the field, providing an integrated and essential guide to some of the most important issues in international economic law today.

Balancing Human Rights, Environmental Protection and International Trade

Author : Emily Reid
Publisher : Bloomsbury Publishing
ISBN 13 : 1782252517
Total Pages : 272 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Balancing Human Rights, Environmental Protection and International Trade by : Emily Reid

Social Regulation in the WTO

Author : Krista Nadakavukaren Schefer
Publisher : Edward Elgar Publishing
ISBN 13 : 1849805423
Total Pages : 337 pages
Book Rating : 4.8/5 (498 download)

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Book Synopsis Social Regulation in the WTO by : Krista Nadakavukaren Schefer

Download or read book Social Regulation in the WTO written by Krista Nadakavukaren Schefer and published by Edward Elgar Publishing. This book was released on 2011-11-01 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Recourse to restrictions of international trade for the promotion of non-economic goals is at the heart of international trade regulation. This book offers a fresh, broad, but equally detailed analysis of such restrictions. It places WTO law in the broader framework of public international law and explores new ways and means as to how tensions and conflict in the pursuit of non-economic policy goals should be addressed. It is essential reading for all seeking answers beyond the existing framework of WTO law and policies.' Thomas Cottier, World Trade Institute, University of Bern, Switzerland and Institute of European and International Economic Law 'This book presents a thoughtful and very readable analysis of "social trade regulation", that is, the use of border measures for non-trade purposes. The study examines how such measures are regarded in international law and in the more specialized law of the World Trade Organization. After she concludes that such unilateral measures may often be illegal under trade law, Professor Schefer's original contribution to the debate is to unpack that unlawful status into the categories of "law-disabling", "law-supporting", and "law-creating" trade regulation. Through a careful exposition of these concepts, the book shows ways in which social trade regulation can improve the progress of the international community.' Steve Charnovitz, The George Washington University, US This original and authoritative book analyzes how the WTO's restrictions on the use of trade measures for social goals affects the development of the law of the international community. The author examines international law on the use of trade measures to promote non-trade values including human health, environmental protection, and cultural diversity in order to determine whether the WTO decisions in these areas promote the development of the international legal system in a way that benefits the individual. Including an analysis of the most important 'trade-&' cases handed down by the WTO's Appellate Body, the book stimulates creative consideration of the extent to which the international trading system's prohibition on the use of trade measures may stifle progress on legal norms that would foster an international community. Krista Nadakavukaren Schefer suggests using the law of equity to fully take into account both the trade and the social issues at stake in any particular case. With its thorough analysis of WTO trade and decisions, this path-breaking book will be a stimulating read for scholars and students of international law, international economic law and international relations.

Freer Trade, Protected Environment

Author : Carlisle Ford Runge
Publisher : Council on Foreign Relations
ISBN 13 :
Total Pages : 164 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis Freer Trade, Protected Environment by : Carlisle Ford Runge

Download or read book Freer Trade, Protected Environment written by Carlisle Ford Runge and published by Council on Foreign Relations. This book was released on 1994 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: C. Ford Runge, a leading expert on trade reform and environmental policy, explores the linkages between trade and environment, and compares trade rules and environmental standards. How can environmental harm be reduced and international trade be expanded with minimal detriment to the other? Runge examines actual cases and concludes with specific policy recommendations for the United States and the international community.

International Trade and the Protection of the Environment

Author : Simon Baughen
Publisher : Routledge Cavendish
ISBN 13 :
Total Pages : 406 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis International Trade and the Protection of the Environment by : Simon Baughen

Download or read book International Trade and the Protection of the Environment written by Simon Baughen and published by Routledge Cavendish. This book was released on 2007 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description

Environment and Trade

Author : International Institute for Sustainable Development
Publisher : UNEP/Earthprint
ISBN 13 : 1895536219
Total Pages : 96 pages
Book Rating : 4.8/5 (955 download)

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Book Synopsis Environment and Trade by : International Institute for Sustainable Development

Download or read book Environment and Trade written by International Institute for Sustainable Development and published by UNEP/Earthprint. This book was released on 2000 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reference tool to facilitate broader understanding and awareness of relationship between environment and trade which can then become the basis on which fair and environmentally sustainable policies and trade flows are built.

International Trade and the Environment

Author : Judith M. Dean
Publisher : Routledge
ISBN 13 : 1351783696
Total Pages : 640 pages
Book Rating : 4.3/5 (517 download)

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Book Synopsis International Trade and the Environment by : Judith M. Dean

Download or read book International Trade and the Environment written by Judith M. Dean and published by Routledge. This book was released on 2017-10-23 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2002: The interrelationship between international trade and the environment has become the subject of much heated debate. These complex and strong concerns are given voice in this comprehensive and accessible text that brings together the leading journal articles dealing with the fundamental questions about this most important international problem. International Trade and the Environment offers an invaluable source of contemporary international research for all those researching, studying or practicing across the fields of international trade, environmental economics, applied microeconomics and other related areas.

Environment and Regional Trade Agreements

Author : OECD
Publisher : OECD Publishing
ISBN 13 : 926400680X
Total Pages : 230 pages
Book Rating : 4.2/5 (64 download)

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Book Synopsis Environment and Regional Trade Agreements by : OECD

Download or read book Environment and Regional Trade Agreements written by OECD and published by OECD Publishing. This book was released on 2007-06-12 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study provides an overview of approaches to environmental issues in RTAs and summarises country experiences in their negotiation and practical application.

Guiding Principles on Business and Human Rights

Author : United Nations. Office of the High Commissioner for Human Rights
Publisher :
ISBN 13 : 9789211542011
Total Pages : 0 pages
Book Rating : 4.5/5 (42 download)

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Book Synopsis Guiding Principles on Business and Human Rights by : United Nations. Office of the High Commissioner for Human Rights

Download or read book Guiding Principles on Business and Human Rights written by United Nations. Office of the High Commissioner for Human Rights and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This publication contains the 'Guiding Principles on Business and Human Rights: Implementing the United Nations Protect, Respect and Remedy Framework', which were developed by the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises. The Special Representative annexed the Guiding Principles to his final report to the Human Rights Council (A/HRC/17/31), which also includes an introduction to the Guiding Principles and an overview of the process that led to their development. The Human Rights Council endorsed the Guiding Principles in its resolution 17/4 of 16 June 2011."--P. iv.

The Right to a Healthy Environment

Author : David R. Boyd
Publisher : UBC Press
ISBN 13 : 0774824158
Total Pages : 338 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis The Right to a Healthy Environment by : David R. Boyd

Download or read book The Right to a Healthy Environment written by David R. Boyd and published by UBC Press. This book was released on 2012-10-03 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Canada has abundant natural wealth, beautiful landscapes, vast forests, and thousands of rivers and lakes. The land defines Canadians as a people, yet the country has one of the industrialized world's worst environmental records. Building on his previous book, The Environmental Rights Revolution (2012), David R. Boyd describes how recognizing the constitutional right to a healthy environment could have a transformative impact by empowering citizens, holding governments and industry accountable, and improving Canada's green record. This important and provocative book provides a road map to protect human health, the well-being of the planet, and the interests of future generations.