Human Rights and International Trade
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Human Rights and International Trade by Thomas Cottier
Book DescriptionEconomic 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.
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Book DetailsISBN: 9780199285839
(233mm x 155mm x 28mm)
Imprint: Oxford University Press
Publisher: Oxford University Press
Publish Date: 17-Nov-2005
Country of Publication: United Kingdom
Books By Author Thomas Cottier
International Trade in Sustainable Electricity, Hardback (March 2017)
This book explores the regulatory challenges posed by the changing landscape of electricity trade to the multilateral trading system.
Trade Governance in the Digital Age, Paperback (July 2015)
This book addresses pressing questions concerning international trade regulation which have been raised by the Internet revolution.
Equitable Principles of Maritime Boundary Delimitation, Hardback (April 2015)
Analysing the role of equity in international law, the book offers a detailed case study on maritime boundary delimitation.
Rule of Law in Monetary Affairs, Hardback (August 2014)» View all books by Thomas Cottier
Addresses central monetary law and policy debates, especially the links between international investment law and trade regulation within the WTO.
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Author Biography - Thomas Cottier
Thomas Cottier is Managing Director of the World Trade Institute, Bern; and Professor of European and International Economic Law at the University of Bern, Switzerland. Joost Pauwelyn is Associate Professor of Law at Duke University School of Law. Elisabeth Burgi is an attorney at law, and a researcher at the World Trade Institute, Bern and at the Institute of European and International Economic Law of the University of Bern, Switzerland.
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