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Human Rights and International Trade

Human Rights and International Trade

Author: Tghomas Cottier; Joost Pauwelyn; Elisabeth Burgi
Publisher: Oxford University Press
ISBN: 9780199285839
Published In: November 2005
Format: Paperback , 544 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Addresses highly topical issues including institutional cooperation and lawmaking, and the interaction between trade and human rights in dispute settlement

Combines conceptual analysis with case studies

Brings together several contrasting views of each topic

Contributors include scholars, government officials, and experts from international organizations and NGOs, offering practical and conceptual, institutional and official perspectives

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.

Readership: Scholars and advanced students of human rights and of international law including WTO law; scholars of international trade/economics and international relations, officials of governmental and non-governmental organizations.

John H. Jackson: Foreword
Elisabeth Bürgi, Thomas Cottier and Joost Pauwelyn: Introduction
PART I CONCEPTUAL FRAMEWORK: DEFINING AND CONNECTING THE TWO FIELDS
1: E.U. Petersmann; Philip Alston: The Petersmann-Alston Debate: Market freedoms as human rights or merger and acquisition of human rights by trade law
2: Christine Breining: The Legal matrix of human rights and trade law
3: Carlos Vazquez: Comments
4: Victor Mosoti: Law-making: Institutional Cooperation and Norm Creation in International Organizations
5: Larry Helfer: Mediating Interactions in an Expanding International Intellectual Property Regime
6: Marsha Echols: Institutional Cooperation and Norm Creation in International Organizations: The FAO/WHO Codex Alimentarius
7: Caroline Dommen: Human Rights and Trade: Two Practical Suggestions for Promoting Coordination and Coherence
8: Joost Pauwelyn: Dispute settlement: How to Win a WTO Dispute based on non-WTO Law? Questions of Jurisdiction and Merits
9: Kong Qingjiang and Maria Green: Dispute settlement: Comments
PART II THE TRADE AND HUMAN RIGHTS INTERFACE IN PRACTICE: SEVEN CASE STUDIES
10: Thomas Cottier: Freedom of Expression:Linkages between Freedom of Expression and Competition Rules in International Trade- The Hertel case and beyond
11: Christoph Graber and Carlos Vazquez: Freedom of Expression: Comments
12: Frederick Abbott: The Rule of Reason and the Right to Health: Integrating Human Rights and Competition Principles in the Context of TRIPS
13: Sisule Musungu and Prabhash Ranjan: Health: Comments
14: Christine Breining: The Right to Food and Trade in Agriculture
15: Shelley Edwardson: Food: Comments
16: Krista Nadakavukaren Schefer: Stopping Trade in Conflict Diamonds: Exploring the Trade and Human Rights Interface with the WTO Waiver for the Kimberely Process
17: Kevin R. Gray: Conflict Diamonds: Comments
18: Karin Lucke: The UN Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights
19: Allyn Taylor: The WHO Framework Convention on Tobacco
20: Werner Meng: Tobacco: Comments
21: Lorand Bartels: The WTO Ruling on EC - Tariff Preferences to Developing Countries and its implications for conditionality in GSP Programs
22: Jane Bradley and Gregory Shaffer: EC Tariff-preferences: Comments

Edited by Thomas Cottier, Managing Director, World Trade Institute, Bern; Professor of European and International Economic Law, University of Bern, Switzerland, Joost Pauwelyn, Associate Professor of Law, Duke University School of Law, and Elisabeth Bürgi, attorney at law, researcher, World Trade Institute, Bern and Institute of European and International Economic Law, University of Bern, Switzerland

Contributors:

Elisabeth Bürgi

Thomas Cottier

Joost Pauwelyn

E.U. Petersmann

Philip Alston

Christine Breining

Carlos Vazquez

Victor Mosoti

Larry Helfer

Marsha Echols

Caroline Dommen