HUMAN RIGHTS AND INTERNATIONAL TRADE by Thomas Cottier (Editor), Joost Pauwelyn (Editor), Elisabeth Burgi (Editor) ( 9780199285839 )

Item Details

Title:

HUMAN RIGHTS AND INTERNATIONAL TRADE

By:

Thomas Cottier (Editor), Joost Pauwelyn (Editor), Elisabeth Burgi (Editor)

Format:

Paperback

List price:	£67.00
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ISBN 10:

0199285837

ISBN 13:

9780199285839

Publisher:

OXFORD UNIVERSITY PRESS

Pub. date:

17 November, 2005

Series:

International Economic Law Series

Pages:

544

Description:

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. Recently, however, tension has arisen between these two areas. Does the World Trade Organization prevent countries from providing essential medicines to their people? Is it fair to accord the benefits of trade subject to a clean human rights record? This book examines the theoretical framework of the interaction between the disciplines of international trade law and human rights. The interaction is the explored through seven case studies, ranging from freedom of expression and anti-trust rules, to the fight against trade in conflict diamonds and the UN's new convention on tobacco control.

Synopsis:

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 higher human 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,in dispute settlement. 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 WHO convention on tobacco control; and, finally, human rights conditionalities in preferential trade schemes.

Publication:

Imprint:

Oxford University Press

Returns:

Non-returnable

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