The Human Rights Impact Of The World Trade Organisation
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Author | : Sarah Joseph |
Publisher | : Oxford University Press |
Total Pages | : 362 |
Release | : 2011-04-14 |
Genre | : Business & Economics |
ISBN | : 0199565899 |
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.
Author | : International Trade Law Center |
Publisher | : Springer Science & Business Media |
Total Pages | : 3142 |
Release | : 2007-12-31 |
Genre | : Law |
ISBN | : 0387226885 |
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.
Author | : James Harrison |
Publisher | : Bloomsbury Publishing |
Total Pages | : 292 |
Release | : 2007-07-31 |
Genre | : Law |
ISBN | : 1847313744 |
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.
Author | : Thomas Cottier |
Publisher | : International Economic Law |
Total Pages | : 0 |
Release | : 2005 |
Genre | : Business & Economics |
ISBN | : 9780199285822 |
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.
Author | : Craig VanGrasstek |
Publisher | : |
Total Pages | : 704 |
Release | : 2013 |
Genre | : Business & Economics |
ISBN | : |
The History and Future of the World Trade Organization is a comprehensive account of the economic, political and legal issues surrounding the creation of the WTO and its evolution. Fully illustrated with colour and black-and-white photos dating back to the early days of trade negotiations, the publication reviews the WTO's achievements as well as the challenges faced by the organisation, and identifies the key questions that WTO members need to address in the future. The book describes the intellectual roots of the trading system, membership of the WTO and the growth of the Geneva trade community, trade negotiations and the development of coalitions among the membership, and the WTO's relations with other international organisations and civil society. Also covered are the organisation's robust dispute settlement rules, the launch and evolution of the Doha Round, the rise of regional trade agreements, and the leadership and management of the WTO.
Author | : Mitsuo Matsushita |
Publisher | : Oxford University Press |
Total Pages | : 942 |
Release | : 2015 |
Genre | : Business & Economics |
ISBN | : 0199571856 |
This is a comprehensive overview of the law and practice of the World Trade Organization. It begins with the institutional law of the WTO, moving eventually to the consequences of globalization. New chapters on Trade in Agriculture and on Government Procurement and Trade.
Author | : Amrita Narlikar |
Publisher | : Oxford University Press, USA |
Total Pages | : 878 |
Release | : 2012-05-31 |
Genre | : Business & Economics |
ISBN | : 0199586101 |
This handbook provides a holistic understanding of what the World Trade Organization does, how it goes about fulfilling its tasks, its achievements and problems, and how it might contend with some critical challenges.
Author | : Ronnie R.F. Yearwood |
Publisher | : Routledge |
Total Pages | : 266 |
Release | : 2012-05-23 |
Genre | : Business & Economics |
ISBN | : 1136663592 |
International legal scholarship is concerned with the fragmentation of international law into specialised legal systems such as trade, environment and human rights. Fragmentation raises questions about the inter-systemic interaction between the various specialised systems of international law. This study conceptually focuses on the interaction between World Trade Organisation (WTO) law and external international law. It introduces a legal theory of WTO law, constrained openness, as a way to understand that interaction. The idea is that WTO law, from its own internal point of view, constructs its own law. The effect is that external international law is not incorporated into WTO law wholesale, but is (re)constructed as WTO law. It follows that legal systems do not directly communicate with each other. Therefore, to influence WTO law, an indirect strategic approach is required, which recognises the functional nature of the differentiated systems of the fragmented international legal system.
Author | : Andrew Lang |
Publisher | : Oxford University Press |
Total Pages | : 416 |
Release | : 2011-09-22 |
Genre | : Business & Economics |
ISBN | : 0199592640 |
It is often argued that there is an inherent tension between international human rights law and the rules of free trade. This book explores the assumptions underlying this debate and argues that we need to reconsider them, focusing more on how expert knowledge and informal relationships shape trade law and its interaction with human rights.
Author | : Lance A. Compa |
Publisher | : University of Pennsylvania Press |
Total Pages | : 328 |
Release | : 1996 |
Genre | : Business & Economics |
ISBN | : 9780812233407 |