Overview
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 opens by providing an extension of the now famous 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 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 diamonds; UN norms on transnational corporations; the new WHO convention on tobacco control; and, finally, human rights conditionalities in preferential trade schemes.
Full Product Details
Author: Editor ,
Joost Pauwelyn ,
Elisabeth Burgi
Publisher: Oxford University Press
Imprint: Oxford University Press
Dimensions:
Width: 15.60cm
, Height: 3.40cm
, Length: 23.40cm
Weight: 0.957kg
ISBN: 9780199285822
ISBN 10: 0199285829
Pages: 544
Publication Date: 21 December 2005
Audience:
Professional and scholarly
,
Professional & Vocational
Format: Hardback
Publisher's Status: Active
Availability: To order
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.
Author Information
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 Bürgi 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.
