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.
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This book is an in depth analysis of the various ways in which international trade law rules impact upon human rights protection and promotion.
PART 1 Key Conceptual Issues of the International Trade Law and International Human Rights Systems
1 The Justice Dimension of the WTO
2 A Human Rights Methodology for Analysis
3 The Rationale for a Human Rights Methodology in the WTO Context
PART 2 Key Legal Issues in Assessing the Human Rights Impact of the WTO
4 A Legal Framework for the Analysis of the Human Rights Impacts of the WTO
5 Some Background Issues on Conditionality-Based Measures
6 Conditionality-Based Measures in Multilateral Frameworks
7 Unilateral Conditionality-Based Measures
8 A Legal Framework for Assessing Compliance and Cooperation-Based Measures
9 A Case Study of Compliance and Cooperation-Based Measures: The TRIPS Agreement and the Access to Essential Medicines
PART 3 Future Strategies for the Protection and Promotion of Human Rights in the International Trade Law Context
10 Reappraising the Protection and Promotion of Human Rights in the WTO
11 Raising Explicit Human Rights Arguments in WTO Dispute Settlement Proceedings
12 Broader Strategies for Ensuring Trade Law Rules do not Negatively Impact upon Human Rights
Concluding Remarks
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'The Human Rights Impact of the World Trade Organisation...is the first full length scholarly monograph on the topic of trade and human rights...the literature on trade and human rights is still in the process of searching for a secure conceptual and theoretical footing, and it is one of the achievements of Harrison's work that he helps to move that process in a number of significant ways...the (quasi) draft Declaration on trade and human rights which Harrison offers in the concluding pages of Chapter 12 is admirably ambitious and could serve as a useful point of departure for future political activity. In many ways, it performs the same function in a few paragraphs that the book itself does on a larger scale: crystallising and clarifying some of the core normative claims at play in the trade and human rights debate, and encouraging us to think creatively about the institutional processes and other mechanisms by which 'social justice' concerns about the international trading system can be addressed.' Andrew Lang The Modern Law Review (2008) 71(4) The work is excellent in merging complex theoretical issues surrounding human rights norms and real-world situations and cases of globalization and increasing trade liberalization and integration. Wesley T. Milner Law and Politics Book Review Vol. 18 No.4 (April 2008) ...a welcome addition to the growing literature in this field...Harrison not only provides a balanced and thoughtful analysis of the issues at the intersection of the international trade and human rights regimes, but he also provides pragmatic suggestions that can and should be built upon by both international institutions, national governments, and NGOs alike. Tracey Epps New Zealand Law Journal June 2008
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Examines the impact of international trade rules on the promotion and protection of human rights.
Original scholarly analysis of emerging and significant issues in international trade and investment law.
This series offers a forum for publication of original and scholarly analyses of emerging and significant issues in international trade and investment law - broadly understood to include the whole of the law of the WTO, the public international law of foreign investment, the law of the EU common commercial policy and other regional trade regimes, and any legal or regulatory topic that interacts with global trade and foreign investment. The aim of the series is to produce works which will be readily accessible to trade and investment law scholars and practitioners alike.
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Produktdetaljer
ISBN
9781841136936
Publisert
2007-07-31
Utgiver
Vendor
Hart Publishing
Høyde
234 mm
Bredde
156 mm
Dybde
23 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
292
Forfatter