Linking Trade And Human Rights

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Just Trade

Author : Berta Esperanza Hernández-Truyol
Publisher : NYU Press
ISBN 13 : 0814785794
Total Pages : 408 pages
Book Rating : 4.8/5 (147 download)

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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 2012-09-17 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the mid-1940s, once the full impact of World War II was assessed, the world witnessed major legal developments in both modern trade and human rights. Since then, volumes have been written about modern trade law, and human rights law has seen an equal amount of attention. While these topics constitute two of the most active spheres in international law, follow similar intellectual trajectories, and often feature the same key actors and arenas, neither field has actively engaged with the other. They co-exist in relative isolation at best, peppered by occasional hostile debates. It has come to be a given 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 middle-ground between these two fields, acknowledging their co-existence 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 specializing in trade law - carefully combine their expertise to examine human rights policies involving conscripted child labor, sustainable development, promotion of health, equality of women, human trafficking, indigenous peoples, poverty, citizenship, and economic sanctions, 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 Hernandez-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.

Forced to Be Good

Author : Emilie M. Hafner-Burton
Publisher : Cornell University Press
ISBN 13 : 0801457467
Total Pages : 235 pages
Book Rating : 4.8/5 (14 download)

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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.

Linking Global Trade and Human Rights

Author : Daniel Drache
Publisher : Cambridge University Press
ISBN 13 : 110704717X
Total Pages : 407 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Linking Global Trade and Human Rights by : Daniel Drache

Download or read book Linking Global Trade and Human Rights written by Daniel Drache and published by Cambridge University Press. This book was released on 2014-03-20 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book introduces the idea of policy space as an innovative way to reframe recent developments in global governance. It brings together a wide ranging group of leading experts in international law, trade, human rights, political economy, international relations, and public policy who have been asked to reflect on this important development in globalization.

Human Rights and International Trade

Author : Thomas Cottier
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.

Linking Global Trade and Human Rights

Author : Daniel Drache
Publisher :
ISBN 13 : 9781306684347
Total Pages : pages
Book Rating : 4.6/5 (843 download)

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Book Synopsis Linking Global Trade and Human Rights by : Daniel Drache

Download or read book Linking Global Trade and Human Rights written by Daniel Drache and published by . This book was released on 2014-05-26 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book has its origins in a major international workshop held at York University in Toronto in October 2011." -- Acknowledgements.

Linking Trade and Human Rights

Author : Philip Alston
Publisher :
ISBN 13 :
Total Pages : 158 pages
Book Rating : 4.:/5 (79 download)

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Book Synopsis Linking Trade and Human Rights by : Philip Alston

Download or read book Linking Trade and Human Rights written by Philip Alston and published by . This book was released on 1980 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Linking Global Trade and Human Rights

Author : Daniel Drache
Publisher : Cambridge University Press
ISBN 13 : 1139916955
Total Pages : 407 pages
Book Rating : 4.1/5 (399 download)

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Book Synopsis Linking Global Trade and Human Rights by : Daniel Drache

Download or read book Linking Global Trade and Human Rights written by Daniel Drache and published by Cambridge University Press. This book was released on 2014-03-20 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the global economic crisis of 2008, countries around the world used national policy spaces to respond to the crisis in ways that shed new light on the possibilities for linkages between international trade and human rights. This book introduces the idea of policy space as an innovative way to reframe recent developments in global governance. It brings together a wide-ranging group of leading experts in international law, trade, human rights, political economy, international relations, and public policy who have been asked to reflect on this important development in globalization. Their multidisciplinary contributions provide explanations for the changing global landscape for national policy space, clearly illustrate instances of this change, and project the future paths for policy development in social and economic policy spaces, especially with reference to linkages between international trade and human rights in countries from the Global North as well as Brazil, China, and India.

Linking Trade and Security

Author : Vinod K. Aggarwal
Publisher : Springer Science & Business Media
ISBN 13 : 1461447658
Total Pages : 261 pages
Book Rating : 4.4/5 (614 download)

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Book Synopsis Linking Trade and Security by : Vinod K. Aggarwal

Download or read book Linking Trade and Security written by Vinod K. Aggarwal and published by Springer Science & Business Media. This book was released on 2012-10-10 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: The connections between trade and security are hardly new. Analysts and practitioners have clearly recognized this interrelationship since the mercantilist arguments of the 16th and 17th centuries. Despite wishful economic liberal thinking that might prefer to separate the political from the economic, it is widely recognized that trade and security are fundamentally interconnected in the foreign policy of states. Over time, as new forms of trade policy have come into being and the international security environment has evolved, the nexus of these two spheres has grown more complex and scholars have struggled to understand their interconnection This edited volume addresses linkages between trade and security by examining the influence of security factors in driving trade policy measures and the corresponding implications of different types of trade arrangements for international security. Ultimately, the project shows that several elements—traditional economic factors, traditional security factors, and human security factors—can affect the development of trade agreements and unilateral policies, and that trade policies may have both a direct and an indirect effect on traditional and human security. The project focuses on Asia, a region where economics is increasingly important but many security issues still linger unresolved, as a primary setting to test trade linkage theories. It also provides a comparative perspective through examination of how the EU and US have used their trade policies to achieve non-economic goals and how these policies have influenced their security environment. Case studies in this project cover key trade institutions and agreements including the World Trade Organization, the Association of Southeast Asian Nations, ASEAN Plus Three, the East Asia Summit, the Asia-Pacific Economic Cooperation forum, the Shanghai Cooperation Organization, and bilateral preferential trade agreements.

Forced to Be Good

Author : Emilie M. Hafner-Burton
Publisher : Cornell University Press
ISBN 13 : 0801458706
Total Pages : 235 pages
Book Rating : 4.8/5 (14 download)

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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 2013-07-02 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.

The Oxford Handbook of International Trade Law

Author : Daniel L. Bethlehem
Publisher :
ISBN 13 : 0199231923
Total Pages : 856 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis The Oxford Handbook of International Trade Law by : Daniel L. Bethlehem

Download or read book The Oxford Handbook of International Trade Law written by Daniel L. Bethlehem and published by . This book was released on 2009 with total page 856 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past 10 years, the content and application of international trade law has grown dramatically. The WTO created a binding dispute settlement process and in resolving disputes, the judicial organs of the WTO have built up a substantial amount of new international trade law. Emerging from this new WTO process is an international trade law system that is in some respects self-contained and in other respects overlapping and linked to other international legal, economic and political regimes. The 'boundaries' of trade law are now generating enormous interest and controversy which, at a broader level, is subsumed within the debate over globalization. The detailed development of the rules of international trade is being examined with increasing frequency by scholars, government officials and trade law practitioners. But how does it fit with existing systems? How it is modified by them? How does the international trade law system affect and modify other regimes? This Handbook places international trade law within its broader context, providing comment and critique on contemporary thinking on a range of questions both related specifically to the discipline of international trade law itself and to the outside face of international trade law and its intersection with States and other aspects of the international system. It examines the economic and institutional context of the world trading system, its substantive law (including regional trade regimes) and the settlement of disputes. The final part of the book explores the wider framework of the world trading system, considering issues including the relationship of the WTO to civil society, the use of economic sanctions, state responsibility, and the regulation of multinational corporations.

The Universal Declaration of Human Rights

Author :
Publisher :
ISBN 13 :
Total Pages : 32 pages
Book Rating : 4.:/5 (467 download)

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Book Synopsis The Universal Declaration of Human Rights by :

Download or read book The Universal Declaration of Human Rights written by and published by . This book was released on 1978 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Multilateral Trading System and Human Rights

Author : Mihir Kanade
Publisher : Taylor & Francis
ISBN 13 : 1351386905
Total Pages : 236 pages
Book Rating : 4.3/5 (513 download)

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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 Taylor & Francis. This book was released on 2017-09-18 with total page 236 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.

The Human Rights Impact of the World Trade Organisation

Author : James Harrison
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.

Companies, International Trade and Human Rights

Author : Janet Dine
Publisher : Cambridge University Press
ISBN 13 : 1107320496
Total Pages : 370 pages
Book Rating : 4.1/5 (73 download)

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Book Synopsis Companies, International Trade and Human Rights by : Janet Dine

Download or read book Companies, International Trade and Human Rights written by Janet Dine and published by Cambridge University Press. This book was released on 2005-02-24 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 2005, this book focuses on the role of corporations within the trading system, and the complex relationships between corporations, nation states and international organisations. The actions and motives that drive corporations are considered as well as the structure of the international trading system. Remedial devices such as Codes of Conduct and Human Rights instruments are assessed for effectiveness. The book seeks reasons for what is a growing understanding that international trading regimes are not meeting objectives found in many international agreements, including both the international trade agreements themselves (WTO, GATT, TRIPS etc.) and human rights instruments. In particular, it is clear that the prevalence and severity of poverty is not being adequately addressed. This work sets out to investigate the role played by companies in this failure in the globalisation of trade to realise its aims, in particular the failure to achieve the minimum of basic rights, the right to food.

International Labor Standards and International Trade

Author : Mr.Stephen S. Golub
Publisher : International Monetary Fund
ISBN 13 : 1451845537
Total Pages : 38 pages
Book Rating : 4.4/5 (518 download)

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Book Synopsis International Labor Standards and International Trade by : Mr.Stephen S. Golub

Download or read book International Labor Standards and International Trade written by Mr.Stephen S. Golub and published by International Monetary Fund. This book was released on 1997-04-01 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper reviews controversies regarding linkage of international trade and labor standards. Pressures for international harmonization of labor standards arise in the context of increased trade between countries with large disparities in wages, and also reflect the history of labor standards. A critical distinction is made between standards related to fundamental human rights and those related to employment conditions. The main conclusion is that trade sanctions to enforce labor standards should not be an option, but that international agreements on core labor standards, with voluntary compliance, may, apart from being worthwhile on ethical grounds, defuse calls for protection.

The Future of Human Rights Impact Assessments of Trade Agreements

Author : Simon Walker
Publisher :
ISBN 13 : 9789050959865
Total Pages : 0 pages
Book Rating : 4.9/5 (598 download)

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Book Synopsis The Future of Human Rights Impact Assessments of Trade Agreements by : Simon Walker

Download or read book The Future of Human Rights Impact Assessments of Trade Agreements written by Simon Walker and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an age of globalization, free trade should be synonymous with prosperity for all. Yet too often, small farmers, indigenous peoples, people with HIV, and others are left out of the picture. This book proposes a new way to make free trade work for all people. It examines how trade pacts can benefit people, but can also threaten their basic human rights to access food, medicines, and education, or to protect their cultural heritage. It develops a step-by-step process to identify the human impacts of trade before trade pacts are finalized. A case study examines the impact of a US-Central American trade agreement on access to medicines in Costa Rica, to demonstrate how the step-by-step process works in practice. The process works, but more efforts are needed to make sure such assessments of trade policies become standard practice. Human rights NGOs and academics, as well as governments, should lead the way in the future. The Future of Human Rights Impact Assessments of Trade Agreements is important for all people who believe that globalization can do more, not just for corporations and the economy, but for everyone, even the poorest.

Dangerous Trade

Author : Jennifer Erickson
Publisher : Columbia University Press
ISBN 13 : 0231539037
Total Pages : 287 pages
Book Rating : 4.2/5 (315 download)

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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.