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International Trade And Human Rights
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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.
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.
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 1996 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contents:.
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 471 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.
Book Synopsis Forced to Be Good by : Emilie M. Hafner-Burton
Download or read book Forced to Be Good written by Emilie M. Hafner-Burton and published by Cornell University Press. This book was released on 2011-02-23 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Multilateral Trading System and Human Rights by : Mihir Kanade
Download or read book The Multilateral Trading System and Human Rights written by Mihir Kanade and published by Routledge Chapman & Hall. This book was released on 2019-05-21 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contributes an original theory to understanding human rights and international trade. It offers the 'governance space' framework for analysing the linkages and normative relationships between the multilateral trading system (MTS) and human rights regimes. Drawing upon key case studies, the author identifies connecting strands as also gaps in linkage issues. He further examines the 'right to development' approach to resolve tensions between these two regimes and demonstrates how the approach may be the most appropriate road map to finding sustainable solutions in balancing human rights and equitable free trade in a complex globalised world. Presenting new legal analyses informed by current debates drawn from international organisations - the World Trade Organization, United Nations, International Labour Organization - governments, civil society and academia as well as global commitments such as the Sustainable Development Goals, the book proposes a systematic and holistic policy intervention. This timely and transdisciplinary text will be of great interest to academics, students and scholars of human rights, international trade, international law, development studies, public policy and governance, economics, politics and international relations. It will also be useful to policymakers, think-tanks, human rights advocates, professionals, lawyers, civil society organisations, non-governmental organisations and trade experts.
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.
Book Synopsis Indigenous Peoples and International Trade by : John Borrows
Download or read book Indigenous Peoples and International Trade written by John Borrows and published by Cambridge University Press. This book was released on 2020-06-18 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations Declaration on the Rights of Indigenous Peoples is seen primarily as an international human rights instrument. However, the Declaration also encompasses cultural, social and economic rights. Taken in the context of international trade and investment, the UN Declaration is a valuable tool to support economic self-determination of Indigenous peoples. This volume explores the emergence of Indigenous peoples' participation in international trade and investment, as well as how it is shaping legal instruments in environment and trade, intellectual property and traditional knowledge. One theme that is explored is agency. From amicus interventions at the World Trade Organization to developing a future precedent for a 'Trade and Indigenous Peoples Chapter', Indigenous peoples are asserting their right to patriciate in decision-making. The authors, both Indigenous and non-Indigenous experts on trade and investment legal, provide needed ideas and recommendations for governments, academia and policy thinkers to achieve economic reconciliation.
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.
Book Synopsis The Slave Trade and the Origins of International Human Rights Law by : Jenny S. Martinez
Download or read book The Slave Trade and the Origins of International Human Rights Law written by Jenny S. Martinez and published by OUP USA. This book was released on 2012-01-04 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Dangerous Trade by : Jennifer Erickson
Download or read book Dangerous Trade written by Jennifer Erickson and published by Columbia University Press. This book was released on 2015-05-19 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations's groundbreaking Arms Trade Treaty (ATT), which went into effect in 2014, sets legally binding standards to regulate global arms exports and reflects the growing concerns toward the significant role that small and major conventional arms play in perpetuating human rights violations, conflict, and societal instability worldwide. Many countries that once staunchly opposed shared export controls and their perceived threat to political and economic autonomy are now beginning to embrace numerous agreements, such as the ATT and the EU Code of Conduct. Jennifer L. Erickson explores the reasons top arms-exporting democracies have put aside past sovereignty, security, and economic worries in favor of humanitarian arms transfer controls, and she follows the early effects of this about-face on export practice. She begins with a brief history of failed arms export control initiatives and then tracks arms transfer trends over time. Pinpointing the normative shifts in the 1990s that put humanitarian arms control on the table, she reveals that these states committed to these policies out of concern for their international reputations. She also highlights how arms trade scandals threaten domestic reputations and thus help improve compliance. Using statistical data and interviews conducted in France, Germany, Belgium, the United Kingdom, and the United States, Erickson challenges existing IR theories of state behavior while providing insight into the role of reputation as a social mechanism and the importance of government transparency and accountability in generating compliance with new norms and rules.
Book Synopsis Just Trade by : Berta Esperanza Hernández-Truyol
Download or read book Just Trade written by Berta Esperanza Hernández-Truyol and published by NYU Press. This book was released on 2009-01-01 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: Documents Annex: http://www.nyupress.org/justtradeannex/index.html It is generally assumed that pro-trade laws are not good for human rights, and legislation that protects human rights hampers vibrant international trade. In a bold departure from this canon, Just Trade makes a case for reaching a middleground between these two fields, acknowledging their coexistence and the significant points at which they overlap. Using actual examples from many of the thirty-five nations of the Western Hemisphere, the authors—one a human rights scholar and the other a trade law expert—carefully combine their knowledge to examine human rights policies throughout the world, never overlooking the very real human rights problems that arise from international trade. However, instead of viewing the two kinds of law as isolated, polar, and sometimes hostile opposites, Berta Esperanza Hernández-Truyol and Stephen J. Powell make powerful suggestions for how these intersections may be navigated to promote an international marketplace that embraces both liberal trade and liberal protection of human rights.
Book Synopsis Facilitating Trade Through Regulatory Cooperation by : World Trade Organization
Download or read book Facilitating Trade Through Regulatory Cooperation written by World Trade Organization and published by . This book was released on 2019 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: The WTO plays an important role in supporting efforts to achieve international regulatory cooperation (IR C) and to facilitate trade. First, the WTO provides a multilateral framework for trade among its 164 members, with a view to ensuring that trade flows as smoothly, predictably and freely as possible. Second, the WTO's Agreements provide important legal disciplines, helping to promote good regulatory practice and IR C at the domestic level as a means of reducing unnecessary barriers to trade. This publication highlights how the WTO's Agreements on Technical Barriers to Trade (TBT) and on the Application of Sanitary and Phytosanitary Measures (SPS) and the work of their related Committees promote opportunities for regulatory cooperation among governments and ease trade frictions. It demonstrates how members' notification of draft measures, harmonisation of measures with international standards, discussion of specific trade concerns and other practices help to facilitate global trade in goods. The study also makes recommendations on how to benefit further from the transparency and cooperation opportunities provided by the TBT and SPS Agreements.
Book Synopsis International Economic Actors and Human Rights by : Adam McBeth
Download or read book International Economic Actors and Human Rights written by Adam McBeth and published by Routledge. This book was released on 2009-09-28 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Global Trade, Labour Rights and International Law by : Aneta Tyc
Download or read book Global Trade, Labour Rights and International Law written by Aneta Tyc and published by Routledge. This book was released on 2022-12 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 fi eld 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 fi elds 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.
Book Synopsis The Path of World Trade Law in the 21st Century by : Steve Charnovitz
Download or read book The Path of World Trade Law in the 21st Century written by Steve Charnovitz and published by World Scientific. This book was released on 2014-11-07 with total page 797 pages. Available in PDF, EPUB and Kindle. Book excerpt: The advent of the World Trade Organization (WTO) in 1995 transformed international economic law for states, enterprises, and nongovernmental organizations. This book analyzes how the WTO is changing the path of international trade law and examines the implications of these trends for the world economy and the global environment. Containing 18 essays published from 1999 to 2011, the book illuminates several of the most complex issues in contemporary trade policy. Among the topics covered are: Is there a normative theory of the WTO's purpose? Can constitutional theory provide guidance to keep the WTO's levers in balance? Should the WTO use trade sanctions for enforcement? What can the WTO do to enhance sustainable development and job creation?
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.
