Blame it on the WTO?

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Publisher : Oxford University Press
ISBN 13 : 0199565899
Total Pages : 362 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Blame it on the WTO? by : Sarah Joseph

Download or read book Blame it on the WTO? written by Sarah Joseph and published by Oxford University Press. This book was released on 2011-04-14 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: The WTO is often accused of not paying enough attention to human rights. This book weighs these criticisms and examines their validity, both from a legal and from political and economic points of views. It asks whether the WTO is under an obligation to construct a fairer trade system and discusses suggestions for reform.

Human Rights and the WTO

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Author :
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 424 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis Human Rights and the WTO by : Holger Hestermeyer

Download or read book Human Rights and the WTO written by Holger Hestermeyer and published by Oxford University Press, USA. This book was released on 2007 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines one of the most controversial aspects of the world trading system: patents and access to medication, and offers approaches to tackle the issue of how to better accommodate human rights in the trading system.

The World Trade Organization and Human Rights

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 9781847206619
Total Pages : 0 pages
Book Rating : 4.2/5 (66 download)

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Book Synopsis The World Trade Organization and Human Rights by : Sarah Joseph

Download or read book The World Trade Organization and Human Rights written by Sarah Joseph and published by Edward Elgar Publishing. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the connection between the WTO and human right issues, a topic which has provoked significant debate, particularly in the decade since the collapsed WTO talks in Seattle in 1999. S Joseph and J Waincymer, Monash University, D Kinley University of Sydney.

Economic Globalisation and Human Rights

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Publisher : Cambridge University Press
ISBN 13 : 1139465236
Total Pages : 21 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Economic Globalisation and Human Rights by : Wolfgang Benedek

Download or read book Economic Globalisation and Human Rights written by Wolfgang Benedek and published by Cambridge University Press. This book was released on 2007-04-19 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic globalisation is one of the guiding paradigms of the twenty-first century. The challenge it implies for human rights is fundamental, and key questions have up to now received no satisfying answers. How can human rights protect human dignity when economic globalisation has an adverse impact on local living conditions? How should human rights evolve in response to a global economy in which non-statal actors are decisive forces? Economic Globalisation and Human Rights was originally published in 2007, and sets out to assess these and other questions to ensure that, as economic globalisation intensifies, human rights take up the central and crucial position that they deserve. Using a multidisciplinary methodology, leading scholars reflect on issues such as the need for global ethics, the localisation of human rights, the role of human rights in WTO law, and efforts to make international economic organisations more accountable and multinational corporations more socially responsible.

Human Rights and International Trade

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Author :
Publisher : International Economic Law
ISBN 13 : 9780199285822
Total Pages : 0 pages
Book Rating : 4.2/5 (858 download)

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Book Synopsis Human Rights and International Trade by : Thomas Cottier

Download or read book Human Rights and International Trade written by Thomas Cottier and published by International Economic Law. This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

International Economic Law in the 21st Century

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1847319815
Total Pages : 574 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis International Economic Law in the 21st Century by : Ernst-Ulrich Petersmann

Download or read book International Economic Law in the 21st Century written by Ernst-Ulrich Petersmann and published by Bloomsbury Publishing. This book was released on 2012-07-24 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Right to Food and the World Trade Organization's Rules on Agriculture

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Author :
Publisher : BRILL
ISBN 13 : 9004345302
Total Pages : 305 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis The Right to Food and the World Trade Organization's Rules on Agriculture by : Rhonda Ferguson

Download or read book The Right to Food and the World Trade Organization's Rules on Agriculture written by Rhonda Ferguson and published by BRILL. This book was released on 2018-01-11 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Right to Food and the World Trade Organization’s Rules on Agriculture, Rhonda Ferguson explores the relationship between the right to food and agricultural trade. The analysis is situated within the context of debates surrounding the fragmentation of international law.

The World Trade Organization

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Publisher : Springer Science & Business Media
ISBN 13 : 0387226885
Total Pages : 3117 pages
Book Rating : 4.3/5 (872 download)

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Book Synopsis The World Trade Organization by : International Trade Law Center

Download or read book The World Trade Organization written by International Trade Law Center and published by Springer Science & Business Media. This book was released on 2007-12-31 with total page 3117 pages. Available in PDF, EPUB and Kindle. Book excerpt: The editors have succeeded in bringing together an excellent mix of leading scholars and practitioners. No book on the WTO has had this wide a scope before or covered the legal framework, economic and political issues, current and would-be countries and a outlook to the future like these three volumes do. 3000 pages, 80 chapters in 3 volumes cover a very interdiscplinary field that touches upon law, economics and politics.

Environment, Human Rights and International Trade

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Author :
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.

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

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403520019
Total Pages : 313 pages
Book Rating : 4.4/5 (35 download)

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

Download or read book The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes written by Zena Prodromou and published by Kluwer Law International B.V.. This book was released on 2020-08-12 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1847313744
Total Pages : 292 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Human Rights Impact of the World Trade Organisation by : James Harrison

Download or read book The Human Rights Impact of the World Trade Organisation written by James Harrison and published by Bloomsbury Publishing. This book was released on 2007-07-31 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Law and Policy of the World Trade Organization

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Author :
Publisher : Cambridge University Press
ISBN 13 : 9781139445559
Total Pages : 784 pages
Book Rating : 4.4/5 (455 download)

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Book Synopsis The Law and Policy of the World Trade Organization by : Peter Van den Bossche

Download or read book The Law and Policy of the World Trade Organization written by Peter Van den Bossche and published by Cambridge University Press. This book was released on 2005-06-10 with total page 784 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is primarily a textbook for graduate and upper-level undergraduate students of law. However, practising lawyers and policy-makers who are looking for an introduction to WTO law will also find it invaluable. The book covers both the institutional and substantive law of the WTO. While the treatment of the law is often quite detailed, the main aim of this textbook is to make clear the basic principles and underlying logic of WTO law and the world trading system. Each section contains questions and assignments, to allow students to assess their understanding and develop useful practical skills. At the end of each chapter there is a helpful summary, as well as an exercise on specific, true-to-life international trade problems.

Reframing Human Rights and Trade

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Author :
Publisher :
ISBN 13 : 9789400000452
Total Pages : 0 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Reframing Human Rights and Trade by : John Morijn

Download or read book Reframing Human Rights and Trade written by John Morijn and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally presented as the author's thesis (Ph.D.)--European Union Institute.

Human Rights and Intellectual Property

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Publisher : Cambridge University Press
ISBN 13 : 1139496913
Total Pages : 567 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Human Rights and Intellectual Property by : Laurence R. Helfer

Download or read book Human Rights and Intellectual Property written by Laurence R. Helfer and published by Cambridge University Press. This book was released on 2011-03-07 with total page 567 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the interface between intellectual property and human rights law and policy. The relationship between these two fields has captured the attention of governments, policymakers, and activist communities in a diverse array of international and domestic political and judicial venues. These actors often raise human rights arguments as counterweights to the expansion of intellectual property in areas including freedom of expression, public health, education, privacy, agriculture, and the rights of indigenous peoples. At the same time, creators and owners of intellectual property are asserting a human rights justification for the expansion of legal protections. This book explores the legal, institutional, and political implications of these competing claims: by offering a framework for exploring the connections and divergences between these subjects; by identifying the pathways along which jurisprudence, policy, and political discourse are likely to evolve; and by serving as an educational resource for scholars, activists, and students.

Human Rights, Labor Rights, and International Trade

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Author :
Publisher : University of Pennsylvania Press
ISBN 13 : 9780812218718
Total Pages : 324 pages
Book Rating : 4.2/5 (187 download)

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Book Synopsis Human Rights, Labor Rights, and International Trade by : Lance A. Compa

Download or read book Human Rights, Labor Rights, and International Trade written by Lance A. Compa and published by University of Pennsylvania Press. This book was released on 2003-08-30 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A significant contribution to current legal, political, and economic discourse on workers in the global economy."—International and Comparative Law Quarterly

An International Law Perspective on the Protection of Human Rights in the TRIPS Agreement

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004211977
Total Pages : 391 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis An International Law Perspective on the Protection of Human Rights in the TRIPS Agreement by : Ping Xiong

Download or read book An International Law Perspective on the Protection of Human Rights in the TRIPS Agreement written by Ping Xiong and published by Martinus Nijhoff Publishers. This book was released on 2012-03-20 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the relationship between the TRIPS Agreement and the right to health and relevant human rights norms by using the tools of treaty interpretation of public international law.

Intellectual Property Rights, the WTO and Developing Countries

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Author :
Publisher : Zed Books
ISBN 13 : 9781856497374
Total Pages : 274 pages
Book Rating : 4.4/5 (973 download)

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Book Synopsis Intellectual Property Rights, the WTO and Developing Countries by : Carlos M. Correa

Download or read book Intellectual Property Rights, the WTO and Developing Countries written by Carlos M. Correa and published by Zed Books. This book was released on 2000-02 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Review of the Agreement